HomeMy WebLinkAbout24-08 Tank ProsBID BOND CITY OF OSHKOSH
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Contract Number
Date Bond Executed (Date of Contractor Later) 1/19/2024
PRINCIPAL/CONTRACTOR (Legal Name and Business Address)
Tank Pro, Inc.
5500 Watermelon Road
Northport, AL 35473
SURFTY(Ii S) (Legal Name(s) and Business Address(es))
Swiss Re Corporate Solutions America Insurance Corporation
1200 Main Street, Suite 800.
Kansas City, MO 64105
OWNED (Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1.130
Oshkosh, Wisconsin 54903-1130
013LIGATION
'MIA' WOR
Type of Organization
Individual � Partnership
,X_ Corporation
State of Incorporation
Penal Sum Of Bond
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 Hine specified in the Bid documents or within such time period as may be agreed upon
between the Owner and ttie 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 7 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, email 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. Wisc*onsin shall govern the interpretation and construction of this Bond. Wirmebago
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,
Tank Pro,.Inc.
Name of Principal/Contractor
Title
Swiss Re:Corpomle Sofutipits America Insurance Corporation
Name of Surety
Ti . r Jason D, Smith, Attorney -in -Fact
Page 2 of 2
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS Rif CORPORA11" SOLUTIONS PRFMIER INSURANCE CORPORATION ("SRCSPIC")
WES`fPORTJNSURANC LCORPORATION ("WIC")
GFNERAL POWER OF ATTORNEY
KNOW AEI, MEN 13Y ITIES1`i P1ttrSEN !"S, 'I`I1A"l' SRCSAIC , a corporation ;filly organi ed and existing under laws of the State of Missouri, and
having its principal office in tite City of Kansas City,. Missouri, and 4RCS111C, if corporation orgttniyed anti existing a dor th laws ofaite Salle or
Missouri and having its principal office in the City of Kansas City, A4lssourl, tutu WIC, urgtniired tntder the laws or the .State of` Missouri, ;tod having its
principal office ill file City of f<aosats City, Missouri, csach does hereby stake, constitute afull appoint;
ROBF:RT L. KOLLSMITH, JACQUELINE K. PETERS, SAMANTHA SPILMAN, M. LYNN KIMBLE, TIMOTHY J, FOLLY, J13NNIFER LUSE, JASON D. SMITH
JAMES M. SMITH, DAVID M. OWEN, BRAD BBNGTSON, LUKAS SCHRODER, AARON COLLINS, LAURI MENFOUCI I, KURT FELLER, and DORA B. S'rEVEN'S
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-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
I his Power ofAttoroey is Rramud and is sighed by facsimile undor,and by the autho'rityoftho following Resolutions adopted by the Boards of
Directors ol'both SRCSAI('.."and SRCSPiC at nics tings duly called tutu held oil the I $th of November 2021 and WIC by written consent of its
Executive collinfluce dated July 19, A 1.
"RESOLVED, that any two of the President, any. Managing Director, any Senior Vicc President, any Vice President, the Secretary or any Assistant
Secretary be, and each or fifty of them hereby is, authorized to execute a Power or Attorney'qualifyirtt the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undeetakings and fill contracts of surety, and that cacti orally of them hereby is authorized to
attest to the exeoution of ally such flower of Attorney and to attach therein the scIf of the Corporation; and it is
FURTI-I[R 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 filesini le seal shall be
binding neon the Corporation when so affixed and in the fixture with regard to anv bond, undertaking or contract of surety to which it is attached."
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ill jail sons, NonlatVice PresiJent oCSnCSNIC; A titaiol' Vice President
o(SRCSPIC & Seuaor VFce President
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By
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Gerald Jagrowsid, Vice Presitiml orSaCSAIC & Vice President orsRCSPIC
& Vice President orWIC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and W IC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 10 day of NOVEMBER 2022 _
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of took ss Westport Insurance Corporation
Oil Ellis 10 day of___NOVEMBER , 20.E before me, a Notary Public personally appeared I?rtk Jttttsseais , Senior Vice President ofSRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Sierald`Jagwwski , Vice President ofSRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly swona, acknowledged that they sighed the above Power of Attorney
as officers orand acknowledged said instrument to be the voluntary act and deed oftheir respective companies,
cai�laltl� s
QHR(�TiWA 210,"Xt.
H� 'e"fYssail `°GL
I, J Cn Col Itier the duly elected Senior Vice President and Assistant Secretar} 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 WI1F.,REOP, i have set my hand and affixed the seats of the Companies this lots day of Jnnoury ,_, 20 2`I
Jeffrey Goldberg, Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC and WiC
ARTICLE 5 — BID SUBNHTTAL
5.01 BIDDER hereby submits this Bid through QuestCDN,com
Bidder: Tank Pro, Inc.
(type>d or printed name of organization)
By:
(individual's signature)
Name: Phillip Stearman
Title: President
Date: January 29, 2024
If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.
Attest: 11,
(individual's signature)
Name: Angie Cheek
Title: Bid Coordinator
Date: January 29, 2024
Address for giving notices:
5500 Watermelon Road, Northport, AL 35473
Bidder's Contact and Agent for Service or Process:
Name: Phillip Stearman
Title: President
Phone: 205-750-0444
Email: phillip@tankproinc.com
(Email will be used for Electronic Document Transfer Protocol.)
All Business Entities
Date of Qualification to do business in Wisconsin
[State "ere Project is Located] is
OSHKOSH - BID FORM - 5
STATE OF ALABAMA)
TUSCALOOSA COUNTY)
RESOLUTION
BE IT RESOLVED that Phillip Stearman, President is hereby authorized,
empowered and directed to execute for and on behalf of Tank Pro, Inc., a corporation, all
bid and contract documents necessary to legally bind Tank Pro, Inc. into an agreement
with the projects Owner.
TANK PRO, INC.
By: Phillip Stearman
Its: President
TANK PRO, INC.
By
Its:
I, Phillip Stearman, as President of Tank Pro, Inc. do hereby certify that the above
Resolution was duly proposed, adopted and resolved, during a special meeting of Tank
Pro, Inc., a corporation, on this the I6th day of August, 2007.
SECRETARY
Tank Pro, Inc., 5500 Watermelon Road, Northport, AL 35473
State of Incorporation: Alabama
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 firm.
A�--
Name
Phillip Stearman
Printed Name
President
Title
Tank Pro, Inc.
Company Name
January 29, 2024
Date
1:\ Engineering \Tracy Taylor\ Public Works Contracts\Miscellaneous\ Disclosure of OwnershipForm_2-1- Page1of1
17.ducz
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 hitp://www.ci.oshkosh.wi.us
State of Wisconsin r
Department of Workforce Development Disclosure of Ownership
Equal Rights Division
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 knowledue 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
Gity
State
Zip Code
If you have any questions call (608) 266-6861
ERD-7777 (R. 01/2011)
SECTION 00 54 00
SCHEDULE OF VALUES
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
Two Thousand Nine Hundred Fiq Dollars $ 2,950.00
2, CATHODIC COVERS
One Thousand Eight Hundred Dollars $1,800.00
3. ROOF PAINTER'S RAILING
Eight Thousand Two Hundred Thirty Five Dollars $ 8,235.00
4. CLEAN -OUT LINE
Six Thousand Five Hundred Dollars 16,500.00
5. WET I FERIOR I.ADD R
Elev�1 Thou rand Seven Hundred Dollars $11,700.00
6. FALL PREVENTION DEVICES
Four Thousand Four Hundred Dollars Jr 4,400,00
7. FALL PREV8NTlON DEVICES - D.RY IN rERIORr-MARION TANK
Six Thousand Three Hundred Dollars $6,300.00
8. FALL PREWNTION DEVICF,S — WRT RJTF.RTOR —
Three Thousand Dollars
$ 3,000.00
9. FALL PREVENTION DEVICES -DRY INTERIOR - SOUTHWEST TANK
Five Thousand Three Hundred Dollars $ 5,300.00
10. FALL PREVENTION DEVICES - WET INTERIOR - SOUTHWEST TANK
Three Thousand Dollars $ 3,000,00
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-SCHEDULEofVALUES-1
11. EXTERIOR REPAINT with CONTAINMENT
Six Hundred Six Thousand Two Hundred Fifty Two Dollars$ 606,252.00
12. LETTERING AND LOGOS
Seven Thousand Dollars $ 7,000,00
13. WET. INTERIOR REPAINT
Three HundEedEfty Thousand Dollars $ 350,000.00
14, DRY INTERIORSPOT REPAINT
Thirty Eight Thousand Dollars $38,000.00
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
Twenty Thousand Nine Hundred Fifty Dollars $ 20,950 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
One Thousand Dollars $1 1000. 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
Thirty Nine Thousand Nine Hundred Dollars 39,900.00
PROJECT TOTAL INCLUDING #1 THROUGH 417:
One Million One Hundred Sixteen Thousand Two 1,116,287.00
Hundred Eighty even oars -� _ '-
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.
PERCENT OF
NAME OF SUBCONTRACTOR CLASS OR ITEMS OF WORK CONTRACT AMOUNT
Corr ro
Pieper Power Electrical
TBD
Cathodic Protection
Electrical Work
Site Clean Up
Less than 1 %
less than 1 %
c rt
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).
hlttfp Stearman, President
Signature of Bidder
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