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HomeMy WebLinkAbout24-16 Scott Construction IncBID BOND Contract Number 24-16 -Asphalt Preservation Program, City of Oshkosh, WI Date Bond Executed (Date of Contract or Later) April 15, 2024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Scott Construction, Inc. PO Box 340 Lake Dalton, WI 53940 SU'RETY(IES) (Legal Name(s) and Business Address(es)) Fidelity and Deposit Company of Maryland 1299 Zurich Way Schaumburg, IL 60196-1056 OWNER (Legal Name and Business Address) any OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION "-_"Cfl iVi APR CITY OF OSHKOSH Type of Organization — Individual _ Partnership X Corporation State of Incorporation Wisconsin Penal Sum of Bond Five Percent of the 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 tinder this Bond. A.ny 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. ��tiuuw,nv� 5\k CQI��� Scott Construction, Inc. Fidelity and Deposit Company of Maryland = ro Name of Principal/Contractor Name of Surety ........... _munmw,unur, ctioi�� riy��ftA Title ,John A. Scott, Preside Title Je}#ny L. Hirth, Attorney -in -Fact Q V� '1''Sco.,,; /lfr����.,. . • IN Page 2 of 2 ZURICH ANNIERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the Stale of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on die reverse side hereof and tire hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Lynn E, PO'17ER, Jenny L. HIRTH, Kathryn A. WEIDNER, Patrick A. MCKENNA, Jay A. ZAHN of Madison, Wisconsin, its true and lawful agent and Attorney -in -Fact, to make. execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE- COMPANY tit its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland,, and die regularly elected officers of the FIDELITY AND DEPOSITCOMPANY OF MARYLAND at its office in Owings Mills, Maryland., it) their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSLJRANCF, COMPANY, COLONIAL, AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 18th clay of March, A.D. 2024, �asuaity y� uuuwa,„,„„nmi",o °�`caa•RPOq",as4��'y o��.Nsu�c`�. ,`©p°$��C��•s�'., ySEAL' ^WSEAL'1) 1=1 ?' n,,, ," ;,,"''` y ,,, ,,,,,,, ATTEST: ZURICII AMERICAN INSURANCE. COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FiDELrrY AND DEPOSIT COMPANY OF MARYLAND BY: Robert D. Murrav Vice President"" By: Dawn I. Brown Secr•etcu y State of Maryland County of Baltimore On this 13th day of March, AD. 2024, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert 1). Murray, Vice President and Dawn E. Brown, Secretary of the Cotnpanies, to nre personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution ofsame, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction ofthe said Corporations. IN i,Es'rIMONY WHEREOF, I have hereunto set illy hand and affixed illy Official Seal the day and year first above written. Genevieve M. Maison GENEMEVE M. MAISONNOTARY PALTiMORE COUNTY, MD A CanmissignEx�uosJAWUAfiY27 2025 Authenticity of this bond can be confirmed at bondvalidator.zurich na.eoin or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs-in-Fact, The Chief Executive OMcer, the President, or any Executive Vice President or Vice President may, by wzitten instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix lie corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELTY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998, RESOLVED: "'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL, AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my none and affixed the corporate seals of the said Companies, this 15th day of...._ ............. -.-_Aril __........ --' 2024 `'1`yiS1111t11/////f Oslt CatJi ���i � aa.aaa.set% it q�;a••a O y Qom` ` • O SEAL a e� r�zrfr//tlrtll t Ittlt�v����ti tt\,1t11f11itllt/"' t\"t\\1111111f/I/lf `\Y\\5111111 Y111l/,I�/ o cp sua!1v �� o-A o, PUFj'•.`r'�+`� ,�`o$'r'`•POp� �F`'r. �`Ur p,PO ti.ryi�. 4,y On" �SEAL`�o = �USEALfi}b^ES�SEALm� /'/'�rrrnrinitlUttt\``\``w ''�O„�FW iO�,p'``````` t it it '•t � .l..11 e Thomas O. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 1'0t)01'tS1�Cialn1tirlU"LLIr'1Ch11a.GOrt1 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.corn or 410-559-8790 `IJ fit•, FI`;I4KO ,'ilf ISNC(tNSIN 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, offices or partner of my firm. John A. Scott Printed Name Vice President Title Scott Construction, Inc. Company Name April 15th, 2024 Date l:\Engineerhig\Tracy Taylor\Public Works Contracts\MiscellaneousWisclosure of Ownership Porm_2-1- 17,docx City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi,us Page 1 of 1 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 accordina to my knowledae 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) CONTRACT 24-16 ATTACHMENT A jq)y y p 'tS K 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. NAME OF SUBCONTRACTOR -ThvOjer 496d, I -LC CLASS OR ITEMS OF WORK 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 thS said S,Ocontractor(s). of Bidder Page 4 of 7 CONTRACT 24-16 PROPOSAL ,)S.; ( a IS,Ct_,., The undersigned 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 Scott Construction 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 f 1 ut��h,,����ty,, to make such statements and submit this Proposal in (its) (their) behalf; and that said st e�s/>a`'/`�ieend correct. Signature John A. Scott, Vice President (Title, if any) Subscribed and sworn to before me this 15th day of ,Apri�,'Jll1 m►►►"_ 20 24 40 fj Notary Public, or other authorized to administer ; A B s My commision expires; 06/19/2027 �• (� OG :•�. (Bidder should not add any conditions or qualifying statem#ifilVh�l�lxtisal as otherwise the Proposal u11MI0 may be declared irregular as not being responsive to the Advertisement.) Accompanying this Proposal is a Bid Bond in the amount of 5 % of the total amount of the Bid, as called for in the Official Notice to Contractors. Page 7 of 7