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HomeMy WebLinkAbout24-08 Classic Protective CoatingsBID BOND ;; : f CITY OF OSHKOSH Contract Number 24-08 Date Bond Executed (Date of Contract or Later) 01 /24/2024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Type of Organization Classic Protective Coatings Inc. Individual _Partnership N7670 State Rd. 25 — Menomonie, WI 54751 x Corporation State of Incorporation Wisconsin SURETY(IES) (Legal Name(s) and Business Address(es)) Penal Sum of Bond Western Surety Company 5% of Amt. Bid-- 151 N Franklin Street, 17th Floor Chicago, IL 60606 OWNER (Legal Name and Business Address) CITY OF OSI-IKOSI I 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION 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 stun 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 (if) 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. Classic Protective Coatings Inc. Name of Principal/Contractor Title Michael Burke, Chief Operations Officer ,�ttt� •�� Western Surety Company Name of Surety M Klein, Attorney -in -Fact Page 2 of 2 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF COUNTY OF On this day of , before me personally appeared to me known to be the person described in and who executed the forgoing bond, and acknowledged that he executed the same as free act and deed. Notary Public CORPORATION ACKNOWLEDGMENT STATE OF COUNTY OF s On this day of V �� , UM , before me personally came Michael Burke to me known, who being by me duty sworn, did depose and say; that he is the Chief. Operations Officer of Classic Protective Coatings, Inc. , the corporation described in and which executed the above instrument; that he knows the seal of said corporation; affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. c SURETY ACKNOWLEDGMENT = STATE OF MINNESOTA O Z /C �•�~ COUNTY OF HENNEPIN /���,�SCONS�� On this 24th day of January , 2024 > beirie appeared STEPHEN M. KLEIN to me personally known, who, being duly sworn, did say that he is the Attorney -in -Fact of Western Surety Company of Sioux Falls, SD that the seal affixed to the foregoing instrument is the corporation seal of said corporation; that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and he did also acknowledge that he executed the said instrument as the free act and deed of said Company. otary Public w KARLA J DVUTSCH BUNT NDFAAV P,18ur' ` -iav JAN Ji. 2921 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and scat herein affixed hereby make, constitute and appoint Wendy M Schmid, Sheryl L Cohen, John C Klein, .Till M Lowder, Mill M Lowder, Stephen M Klein, Christine Scott, Lynn Dvergsten, Kristin M Bakos, Emily Tschimperle, DeeAnn Briegel, Rita Carlson, Karla Deutsch -Hunt, Thomas Towner, Kerri Hatton-Rudnik, Michael Zalm, Emily Tschimperle, Tracy Chehoski, Individually of Minneapolis, MN, its into and lawful Atiomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -• In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions punted at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 3rd day of January, 2024, X.�." WESTERN SURETY COMPANY aSUAEI :~No' Ht{rtj 'o�•,.....,,ra v�,fknramp a Lary Kasten, Vice President Stale or South Dakota 2 County ofMinnehaha i ss On this 3rd day of January, 2024, before me personally came Larry Kasten, to me known, who, being by me duly swom, did depose and say: that lie resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. �44444444Wb444444ibi 4 + My commission expires M. BENT +{ HOTAnY PUBLIC March 2, 0026 _ sec SOUTH DAKOTA �4bbibbbbhibibbhbbhbb404i r ' // M. Bent, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-La)v and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 24th day of January . 2024 ,SvaErrr"° WESTERN SURETY COMPANY a a,.•.. o s €1�1�oQQ0�a'F�y cyt�TH,DPµ�a �" L. Ne1SOn, Assistant Secretary WihYNI1NINt�� Authorizing By -Laws and Resolutions ADOPTED BY TIIE SIiAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of tho following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Pact or agents who shalt have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seat is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company. This Power of Attorney may be signed by digital signature and settled by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resohttion adopted by the Board of Directors of the Company by unanimous written consent dated the 27" day of Apil, 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and confinn any corporate documents signed by digital signatures and, to ratify and confirm the use of a digital or othcnviw electronic -formatted corporate seal, each to be considered the act and deed of the Company." Go to www,cr asuretv.com > Owner / Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity. Fonn F4280-0.2023 ARTICLE 5 — BID SUBMITTAL 5.01 BIDDER hereby submits this Bid through QuestCDN.com Bidder: Classic Protective Coatings, Inc. (typed By; '2' �j'Got� Name: Michael Burke Title: Chief of Operations Date: 1-26-24 printed narne of organization) (individual 's signature) 3< , If Bidder is a corporation, a partnership, or ajoint venture, attach evidence of authority to sign. Attest: e T �,41111t (individual's signature) Name: RayWitke, A Title: President Date: 1-26-24 Address for giving notices: N7670 State Road 25 Menomonie, WI 54751 �'' ►, + �. Bidder's Contact and Agent for Service or Process: Name: Travis Nelson Title: Estimator Phone: 715-233-6267 Email: Travis@classicprotectivecoatings.com (Email will be used for Electronic Document 'Transfer Protocol) All Business Entities Date of Qualification to do business in Wisconsin [&ate Where Project is Located] is 7 \6 \2016 OSHKOSH - BID FORM - 5 'IE FLORIDA DEPARTMENT OF STATE Division of Corporations January 20, 2021 CLASSIC PROTECTIVE COATINGS, INC. N 7670 STATE HWY 25 MENOMONIE, WI 54751-5928 US Re: Document Number P00000079477 The Articles of Amendment to the Articles of Incorporation for CLASSIC PROTECTIVE COATINGS, INC., a Florida corporation, were filed on January 8, 2021, The certification requested is enclosed. Should you have any question regarding this matter, please telephone (850) 245-6050, the Amendment Filing Section. Yasemin Y Sulker Regulatory Specialist III Division of Corporations Letter Number: 921 A00001 285 www.sunbiz.org Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 BI'purtmp"t of #tatp The document numberof this corporation is P0000007 CVE-022 (01-1t) ;Gau*Gee Secretary of State N Articles of Amendment to Articles of Incorporation of (Doeument Number. of Corporation (if known) Pursuant to the provisions of section 607.1006, Florida Statutes, this TYorida Profit Corporation adopts the following amendment(s) to its Articles of incorporation: A. If amending name, enter the new name of the corporation: The new name nntst be distinguishable and contain the word "corporation, " "company, " or "incorporated" or the abbreviation "Corp., " "Inc., " or Co.," or the designation "Corp " "Inc, " or "Co ". A professional corporation name must contain the word "chartered, " "professional association, " or the abbreviation "I'.A. " B. Enter new principal office address, if applicable: (Principal office address MUSTBE A STREET ADDRESS ) C. Enter new nnailing address, if iit)i)licable: (Mailing address MA Y BE A POST Or1710E B D. If amending the registered went and/or registered office address in Florida, eater the name of the new registered agent and/or the new registered office address: Maine of 1lrenv Res),istered A (Florida street address) Neiv Registered OOce Address: , Florida (City) (Zin CO Cie) New Registered Aeent's Signature, if chaneine Registered Agent: I hereby accept the appointment as registered agent. I am familiar with and accept the obligations of the position, Signature of New Registered Agent, if changing Check if applicable El The amendment(s) is/are being filed pursuant to s. 607.0120 (11) (e), F.S, If amending the Officers and/or Directors, enter the title and name of each officer/director being removed and title, name, and address of each Officer and/or Director being added: (,Attach additional sheets, if necessary) Please note the gffrcerldirector title by the first letter of the office title: P = President; V= Vice President; T= Treasurer; S= Secretary; D= Director; TR= Trustee; C = Chairman or Clerk; CEO = Chief Executive Officer; CF0 Chicf Financial Officer. If an oj frcer/director holds more than one title, list the first letter of each gffice held, President, Treasurer, Director would be PTD. Changes should be noted in the following manner. Currently John Doe is listed as the PST and Rfike Jones is listed as the V. There is a change, Alike Jones leaves the corporation, Sally Srnith is named the V and S. These should be noted as John Doe, PT as a Change, Alike Jones, Vas Remove, and Sally Smith, SV as, an rldd Example; X Change P_I' John Doe X Remove v Mike Jones X Add Sv Sally Smith Type of Action Title Name Address (Check One) t - { -� 1) Change i1'1a\ t L hY N I' P b Add eYl0YYlom& V'm Remove 2) T Change Add Remove 3) Change Add Remove 4) _ Change Add Remove Sj Change Add Remove fi) Change Add __ ___ Remove E. if ainendine or adding additional Articles, enter cha►ige(s) bore, (Attach additional sheets, if necessary). (Be speck) F. If an amendment provides for an exclianue, reclassification, or cancellation of issued shares, provisions for implementing the amendment if not contained in the amendment itself: (if not applicable, indicate N/A) IA The date of each amendment(s) adoption:if other than the date this document was signed. Effective date if applicable: (no snore than 90 days after cnnendment file (late) Note: if the date inserted in this block does not meet the applicable statutory filing requirements, this date will not be listed as the document's effective date on the Department of State's records. Adoption of A►nendtnent(s) (CHECK ONE) The amendment(s) was/were adopted by the incorporators, or board of directors without shareholder action and shareholder action was not required. ❑ The amendments) was/were adopted by the shareholders, The number of votes cast for the amendments) by the shareholders was/were sufficient for approval, E) The amendrnent(s) was/were approved by the shareholders through voting groups. The fallowing statement must be separately provided for each voting group entitled to vote separately on the amendrnent(s); "The number of votes cast for the amendment(s) was/were sufficient for approval by (voting group) Dated ) / " o 20 , Signature (By a direcior, p#e dent or other officer — if directors or officers have not been selected, by an errporator- if in the hands of a receiver, trustee, or other court appointed fiduciary by that fiduciary) (Typed or printed name of person signing) e:& de�L-t- (Title of person signing) ARTICLES OF INCORPORATION OF CLASSIC PROTECTIVE COATINGS, INC. THE UNDERSIGNED subscriber to these Articles of Incorporation, a natural person competent to contract, hereby forms a Corporation under the Laws of the State of Florida, specifically Chapter 607, F.S. ARTICLE I. NAME The name of the corporation shall be: Classic Protective Coatings ARTICLE II. PRINCIPAL OFFICE p v; own - The principal place of business of this Corporation shall be: 3336 Ridge Rd. Wimauma, FL 33598-7218 cn cz't`,ten51 'P �J0 ARTICLE III. SHARES The maximum number of shares of stock that this Corporation is authorized to have outstanding at any one time is 1,000 shares of common stock having a par value of $1.00 per share. ARTICLE IV. INITIAL REGISTERED AGENT AND STREET ADDRESS The name of the initial Registered Agent of the Corporation shall be Ray L. Witke, and the street address for the Registered Agent of ,the Corporation shall be 3336 Ridge Rd., Wimauma, FL 33598-7218. ARTICLE V. INCORPORATORS The name and addresses of the Incorporators to these Articles of Incorporation are: '1 NAME ADDRESS SHARES OF COMMON CONSIDERATION t STOCK ISSUED Ray L. Witke, 3336 Ridge Rd., 100 $100.00 Wimauma, FL 33598-7218 ARTICLE VI. OFFICERS The names and addresses of the initial officers of the Corporation who shall hold office for the first year of the Corporation, or until their successors are elected or appointed, are: OFFICE OFFICER ADDRESS President Ray L. Witke, 3336 Ridge Rd., Wimauma, FL 33598-7218 Secretary Ray L. Witke, 3336 Ridge Rd., Wimauma, FL 33598-7218 Treasurer Ray L. Witke, 3336 Ridge Rd., Wimauma, FL 33598-7218 ARTICLE VII. DIRECTORS This Corporation shall have one director initially. The names and addresses of the initial members of the Board of Directors are: DIRECTOR ADDRESS Ray L. Witke, 3336 Ridge Rd., Wimauma, FL 33598-7218 ARTICLE VIII. NATURE OF BUSINESS This Corporation may engage in, or transact, any or all lawful activities or business permitted under the laws of the United States, the State of Florida, or any other State, Country, Territory or Nation. The specific purpose of this Corporation shall be sandblasting and coating water towers. ARTICLE IX. TERM OF EXISTENCE This Corporation is to exist perpetually. 2 ARTICLE X. PREEMPTIVE RIGHTS Every shareholder upon the sale for cash of any new stock of this Corporation of the same kind, class, or series as that which he/she already holds, shall have the right to purchase his/her pro-rata share thereof at the price at which it is offered to others. ARTICLE XI. SECTION 1244 PROVISION The stock of this Corporation is intended to qualify under the requirements of Section 1244 of the Internal Revenue Code and the regulations issued thereunder. Such actions as are necessary will be taken by the appropriate officers to accomplish this compliance. ARTICLE XZI. BY-LAWS The initial directors shall submit the proposed by-laws to the shareholders at a meeting to be held for that purpose not more than thirty (30) days following the issuance of the Certificate of Incorporation. Following the adoption of by-laws by unanimous vote of the shareholders, the internal affairs of the Corporation are to be regulated and managed in accordance with such by-laws. ARTICLE XIII. TAX STATUS OF CORPORATION It is the intent of the undersigned subscribed that the Corporation shall be treated as a subchapter C corporation for federal tax purposes. ARTICLE XIV. NON -REGISTRATION AS SECURITY The shares of common stock to be issued to subscriber(s) are not registered under state or federal securities laws. The subscriber(s) represent that it is the intent of the Corporation that the shares of common stock issued comply with the applicable private placement exemptions from registration under federal and state law. All stock certificates issued shall bear the legend: THESE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 IN RELIANCE UPON AN 3 EXEMPTION PROVIDED IN THAT ACT AND MAY NOT BE OFFERED, SOLD OR TRANSFERRED UNTIL THEY HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR, UNLESS IN THE OPINION OF COUNSEL FOR THE ISSUER, REGISTRATION IS NOT REQUIRED UNDER THAT ACT. The Corporation shall only issue shares to individuals that comply with the private placement rules, i.e., Federal Securities Act §4(2) and §517.061, F.S., and agree: 1. That no offer or sale of stock shall be made to a non-resident of the State of Florida; 2. That no offer or sale of stock shall be made to more than 35 purchasers for a period in excess of 12 months; 3. That no general solicitations or advertisements of an offer or sale of stock shall occur in Florida or any other state; 4. That before any sale of stock, each purchaser shall be given reasonable ,�. access to full and fair disclosure of all material information concerning the corporation; 5. That no person shall be paid a commission for the sale of stock or otherwise receive compensation for the sale of stock; and 6. That if sales are made to five or more persons in Florida, the purchasers shall be given a three (3) day right of rescission in accordance with §517.06(11)(a)(5). The undersigned incorporators acknowledge they have been provided access to all material books and records of the Corporation for review, to all material contracts and documents relating to this private offering and have had an opportunity to question all appropriate officers of the Corporation concerning the private offering. The Undersigned incorporators agree that they are purchasing their shares for investment and not with the intent to re -sell or distribute shares to the public. In the 4 event that incorporators wish to sell their shares in the future, such sale must qualify and satisfy all federal and state private placement exemptions. ARTICLE IV. AMENDMENT This Corporation reserves the right to amend or repeal any provisions contained in these Articles of Incorporation, or any amendment hereto, and any right conferred upon the shareholders is subject to this reservation. ARTICLE XVI. INFORIMAL SHAREHOLDERS ACTION The holders of not less than a majority of the issued and outstanding shares of the voting stock of the Corporation may act by written agreement without a meting, as provided in §607.0704, F.S. and the By-laws. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals on this 2 day of 2000. Ray L. Witite INCORPORATOR ACCEPTANCE OF REGISTERED AGENT Having been named as registered agent and to accept service of process for the above state Corporation at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the. proper and j complete performance of my duties, and I am familiar with and accept the obligat ar of3ny position as registered agent. y ►`�' "`�°� Cn Ray L. Witke i i „0 V , REGISTERED AGENT ��' MSW2000.FRM 101 D� cX) � 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 CLASSIC PROTECTIVE 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 July 06, 2016. 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. � oq Financ�3 m: MI&I- vL11% . , IM DFI/Corp/33 To validate the authenticity of this certificate Visit this web address: http://www.wdfi.org/apps/ccs/verify/ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of the Department on January 07, 2021. PATTI EPSTEIN, Administrator Division of Corporate and Consumer Services Department of Financial Institutions Enter this code: 284478-FE3FA033 x inF`'. City of Oshkosh 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 Owuership form and upload in the appropriate location on Quest V-Sid. 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. Michael Burke Name Michael Burke Printed Name Chief of Operations Title Classic Protective Coatings, Inc. Company Name 1-29-24 Date f.•\ Engineering\Tracy Taylor\ Public Works Contracts\ Miscellaneous \ Disclosure of Ownership Fonn_2-1- Page I of I 17.docx City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1 130 http://www.ci.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) SECTION 00 54 00 SCHEDULE OF VALUES _ r;s>E' 3I {.'`�1, %V 1 , CIA,` TPI PART 1 1.01 LINE ITEMS 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 $ 3 600.00 2. CATHODIC COVERS $2,750.00 3. ROOF PAINTER'S RAILING 01,450.00 4. CLEAN -OUT LINE $1,650.00 5. WET INTERIOR LADDER %6.700.00 6. FALL PREVENTION DEVICES $8 300.00 7. FALL PREVENTION DEVICES — DRY INTERIOR — MARION TANK $6 850.00 8. FALL PREVENTION DEVICES — WET INTERIOR — MARION TANK $3,750.00 9. FALL PREVENTION DEVICES — DRY INTERIOR — SOUTHWEST TANK 0,650.00 10. FALL PREVENTION DEVICES —WET INTERIOR — SOUTHWEST TANK 3,700.00 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 - I 11. EXTERIOR REPAINT with CONTAINMENT $644,875.00 12. LETTERING AND LOGOS $11.850.00 13. WET INTERIOR REPAINT 095.610.00 14, DRY INTERIOR SPOT REPAINT $ 28,540.00 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 $29 350.00 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 0.850.00 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 $23,475.00 PROJECT TOTAL INCLUDING #1 THROUGH #17: $1,188, 950.00 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 hiforination 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 � CONTRACT24-08 `°` LIST OF PROPOSED SUBCONTRACTORS✓IR 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 105 PERCENT OF CLASS OR ITEMS OF WORK 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). 79e�,,.a a- F" Signature of Bidder Page 1 of 1