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HomeMy WebLinkAboutBid Bond 17-04 PTS ContractorsRECEIVED FEB 21 zV 130 Lf 0 BID BONDCITY OF OSHKOSH DEPT OF PUBLIC WORKS _1SCONSIN Contract Number 17-04 Date Bond Executed (Date of Contract or Later) February 21, 2017 PRINCIPAL/CONTRACTOR (Legal blame and Business Address) PTS CONTRACTORS, INC. 4075 Eaton Road Green Bay, WI 54311 SURETY(IES) (Legal Name(s) and Business Address(es)) MERCHANTS BONDING COMPANY (MUTUAL) 6700 Westown Parkway West Des Moines, IA 50266 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 YOBLIGATION Type of Organization Individual Partnership .X_ Corporation State of Incorporation Wisconsin Penal Sum of Bond 5% of amount bid The Contractor and Suretv, 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 Owners intent to make a claim upon this Bond. The Surety hereby i naives 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. 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 deliti —ed; or (ii) two (2) business days following deposit in the United States mail, postage prepaid; (iii) upon cielivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by racsimile, cinail 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 tivzt 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 shalt be deemed deleted herefrotn and provisions conforming to the statutory or other, legal requirement shall be deemed incorporated herein. PTS CONTRACTORS, INC:. Name of Principal/Contractor Title Mark C. Schleis, Vice-president MERCHANTS BONDING COMPANY (MUTUAL) -'Mame of Surety Title Roxanne Jensen, Attorney in Fact e MERCHANTS BONDING COMPANY,,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies') do hereby make, constitute and appoint, individually, Brian Krause; Christopher K Hovden; Kelly Cody; Roxanne Jensen; Trudy A Szalewski their true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIFTEEN MILLION ($15,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 15th day of August 2016 „nruhrr. . MERCHANTS BONDING COMPANY ... ��'t,,I �. Q�N� _Cp,�A.• MERCHANTS NATIONALBONDING, INC. (MUTUAL) 0 OR4,r ©C : Ail.ZZ OSP q . �'. 2003 Jr". 1933 By STATE OF IOWA �.,, <•' '. •'� COUNTY OF Dallas ss. ��r'"""•'n" President On this 15th day of August 2016 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 0"4 d, WENDY WOODY a Commission Number 784654 Z 1"' 7 My Commission Expires �owr June 20, 2017 Notary Publ� , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, i have hereunto set my hand and affixed the seal of the Companies on this d FS�ay of r /y POA 0014 (6/15) •Vku Co lz � P •, O w. O 'Qq •• y . ;C1;2• y 1933 ; c; Secretary ri city, G Al� Oshkosh TO: ALL CONTRACTORS FROM: ENGINEERING DIVISION OF CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS SUBJECT: DISCLOSURE OF OWNERSHIP FORM RECEIVEI` FEB 2 1 20 >1 " 1 OF PUBLIC �'t � i:' � ihOSH, WISC ()"�' Siiv 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. 4a cvtl- Name Mark C. Schleis Printed Name Vice—President Title PTS Contractors, Inc. Company Name Feb. 21, 2017 Date L\Engineering\Tracy Taylor\Public Works Contracts\ Miscellaneous\Disclosure of Ownership Furrn_24- Page]. Of 1 ]?.docx City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi,us City 0f� Oshkosh TO: ALL CONTRACTORS RECEIVED FEB 21 M7 DESHKO H wISCONS NS 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. Name Mark C. Schleis Printed Name Vice—President Title PTS Contractors, Inc. Company Name Feb. 21,2017 Date 1:\Engineering\Tracy Taylor\Public Works Contracts\Mismllaneous\Soil k Ground Water Page I of I Management Plan Certification 2-1-17_docx City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us RECEIVET) FEB 21 2�,'' I)I;P"C OF PU W 11 CONTRACT 17-04 ()SHKOSH,15� ATTACHMENT A LIST OF 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 30 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 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 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). ZV,�Iltk— C::�' JCI&Z- Signature of Bidder Page 18 of 21 (Revised) CONTRACT 17-04 PROPOSAL RECEIVED FEB 21 2917 DV,3,V o1' Pu wisco0���`�� OSt1KOSH, 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 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 an individual trading as the City of ; State of or 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 in (its) (their) behalf; and that said statements are true and correct. Signature Vice -President (Title, if any) Subscribed and sworn to before me this 21 day of _ _ Feb _ 20 17 i-ap .�.• F . •. �. . N tart' Public, or other authorized to administer10 �aoTi ,o PUB 10 r t: (Bidder should not add any conditions or qualifying -9 ts to this Proposal 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 5 % of the total amount of the bid, as called for in the Official Notice to Contractors. Page 21 of 21 (Revised)