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HomeMy WebLinkAbout24-14 MCC IncBID BOND Contract Number 24-14 Date Bond. Executed (Date of Contract or Later) 4/15/2024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) MCC, INC. 2600 N. Roemer Rd. Appleton, WI 54912-1137 SURETY(IFS) (Legal Name(q) and. Business Address(es)) LIBERTY MUTUAL INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 QWNBR (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1.130 OBLIGATION .�.CITY OF OSHKOSH 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 heirs, executors, administrators, successors, and assigns to the Owner for the amount of the penal sure 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, a -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 shalt be deemed incorporated herein, MCC, INC. Name of Principal/Contractor Title . � ,eS1 �''`'• LIBERTY MUTUAL INSURANCE COMPANY Name of Surety 'Title ellY YC d> Y At me in Fact 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 Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY Certificate No: $209723-354019 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is'a corporation duly organized under the laws of the State of Massachusetts, and West American 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, oonstitute and appoint, Brian Krauss Kelly Cody Marc Sacia Roxanne Jensen 'Trudy A. Szalewskf all of the city of Milwaukee state of WI each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and 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 own proper persons. IN WITNESS WHEREOF, this Power of Attomey 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 . Liberty Mutuai insurance Company 1Ns& vTY INS& N INS UR The Ohio Casualty Insurance Company �J °004sT'!t ya �oarRZy �C, '100�+4r911 West American Insurance Company 1912 0 1919 s 1991 : ma /C<r Y�V1�/BACHU6b yQ�yv��.� �A� By, * David M. Carey, Assistant Secretary State of PENNSYLVANIA County ofMONTGOMERY ss On this 3rd day of April , 2023 before me personally appeared David M, Carey, who acknowledged himself to be 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�i�'y;oHy T�f Commonwealth of Pennsyhanla-NatarySosl a tW <Y p Toress Pastella, Notary P00r. Q1 0P Nsion ex eres Marc � My «rmrnrss sn expires Marcr, 2a, 2D25 By; Te!v f0 q �a- Corm,issnn rwmbar 1128044 Ngp_VPa ICJ Mcemter, Pennsylvanla Acscciatton of Notnnes Teresa Pastaila, Notary Public This Power 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 •5 Insurance Company; and West American Insurance Company which resolutions are now in full force and effect reading as follows: a? 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 v President may prescribe, shall appoint such attomeys-in-fact, 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, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall t 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 attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — 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 attorneys -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, recognizanom 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 President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-fn- fact as may be necessary to act on behalf of the Company to make, execute, seal, 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 facsimile 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 connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. JJ( y IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this L day of Jpo°N'o$'P�1i72 1912 n o 1919 n 2 1991 0 �jlgsagCHVBe�.da� yQy �LO '!s By: vkMAW' as Renee C. Llewellyn,Assistant Secretary LMS42873 LMIC OCIC WAIC Multi Co 02r21 O pp !i' M °Q 04 3 t ,ity Of Oshkosh To: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSI I DEPARTMENT OF PUBLIC WORKS SUBJECT: DISCLOSURE OF OWNERSHIP FORM Please review the attached Department of Workforce Development Disclosure c f Ownersliip form. If Item 3 on this Disclosure of Ownership form applies to your company, you must complete the Disclosure of Ozonersliip 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 uny firm. Name Printed Name ce ^ resiJen+ Title MCC, Inc, Company Name A D r '1 115 Dat_I i:\Engiiacring\'Crnac'I'nylorll'rblic WMksContnctv�Miaxtlancoia:�Diuloxun ofOwncrsh[pNorm 2d- Page I of I �Rdocx Ciiy Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, w1 54903-1130 http://rvww,cl.oshkosh.wi.us CONTRACT 24-14 a, ATTACHMENT A '�SIHKOIISH MA 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 perforated 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 Crl'Y. 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 { �C b- nc kf;r.bc t Inc, Mq de I I constTu r) 4 LOr rn C CLASS OR ITEMS OF WORK _ fscci ir�� Llcar Inc, ad6bwq liz- i c. Un+Y-01 PERCENT OF CONTRACT AMOUNT 0,9o`l, 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), t . Jt iot Signature of Bidder Page 8 of 11 (Devised Jig) Wj CONTRACT 24-14 PROPOSAL Si WMICONSM The tuldersig7led will begin work as specified. after award of the Contract and complete as specified. I hereby certify that all statements are made in behalf of MCC, Inc,. (Name of Corporation, Partnership, or Person Submitting Rid) a corporation organized and existing under the laws of the State of V i .sam')) n a Partnership consisting of an individual trading as the City of State of or of That f 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 in (its) (their) behalf; and that said statements are true and correct. Signatu e V i ct pres i devi+ (Title, if airy) Subscribed and sworn to before ine this day of _ A f)Y 1 20 14 0,,1111N ,` Notary public, or other authorized to administer C' (Bidder should not add any conditions or qualifying statementslif`osal as otherwise the Proposal may be declared irregular as not being responsive to the Advertisement) Accompanying this Proposal is a Bid Bond in the amount of tc} % of the total amount of. the Rid, as called for in the Official Notice to Contractors. Page I of I 1 (Revised N2)