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HomeMy WebLinkAbout24-12 Jossart Brothers IncCITY, QVWVJ 1KOJH ContractNumlber 24-12 Date Bond Executed (Date of Contract or Later) 3/1612024 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) JOSSART BROTHERS, INC. 1682 Swan load De Pere, WI 54116 SURETY(IRS) (Legal Name(s) and Business Addsess(es)) Merchants National Bonding Company 6700 Westown Pkwy West Des Moines, IA $0766 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Chwch Avenue PO Box 113o Oshkosh, Wisconsin 54903-1130 OBLIGATION Type of Organization H�Ve Xndividual Partnership Corporation State of Incorporation WI Penal Sum of Bond Five Percent 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 stun identified above if the Owner accepts the bid of this Contractor within the time specified in the bid documents or within such tinge 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 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 fail-dul performance of the Contract and for the prompt payment of labor, materials and supplies furnished for the purpose thereof; or paps to the Owner the difference between the amount spedfled 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 delivered; or (ii) two (2) business days following deposit in the United States mail, hostage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsizx Ue, email or other form of electronic transmission. Notices aball be provided to the Owner, Surety and/or Contractor at their address as specified on thin 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 lags 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 withstatutory or oilier legal requirement skull be deemed deleted herefrow and providons conforming to the statutoxy or other legal requirement shall be deemed incorporated herein. JOSSART BROTHFRS, INC. Merchants National Bonding Company Name of Princi�al(Coz actor Name of Surety Jossart, VP/Secretary Title Samuel Duchow, Attomey-in-faft 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, d/b/a Merchants National Indemnity Company (In California only) (herein collectively tailed the "Companies") do hereby make, constitute and appoint, individually, Chris Steinagel; Christopher M Kemp; Connie Smith; Ellot Motu; Julia Douglas; Kory Mortal; Michael J Douglas; Rupert Downey; Samuel Duchow their true and lawful Attorney(s)-in-Fact, to sign Its name as surety(ies) and to execute, seat and acknowledge any and all bonds, undertakings, contrads and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed bylaw, This Power -of -Attorney is ranted and Is signed and seated 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 amended August 14, 2016 and adopted by the Board of Directors of Merchants National Bonding, Ino., on October 16, 2015. "The 'President, Secretary. Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shalt have power and authority to appoint AKomays-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seat of the Company thereto; bonds and undertakings, recognixances, contracts of Indemnity and other writings obligatory in the nature thereof." "The, signature of any authorized officer and the seal of the Qompany 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 seat 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 aut horny hereby given to the Attpmey4n-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 Flodda Department.df 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 union prior writton personal notice of such intent has been given to the Commissioner- bepoftent of Highways of the Commonwealth of Kontucliy 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 6th day of December , 2022 . .0- 2003 MERCHANTS BONDING COMPANY (MUTUAL.) MERCHANTS NATIONAL BONDING, INC. d/ble MERCHANTS NATIONAL INDEMNITY COMPANY By 67 f'u@sidettt 779?�__ STATE OF IOWA '+i««r 14-Vr ++ ++• A-*, � ! � � . •+ COUNTY OF DALLAS ss. On this 8th day of December 2022 before me appeared Larry Taylor, to me personally known, who being by me duly swam did say that he is President of 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 respeotive Boards of Directors. 4. 1933 R�. ilomrnissianffmNurftx702737 Ap»1n 14,207A a Notary Public (Expiration of notary's commisslon does not invalidate this instrument) 1, William Warner, Jr., Secretary of MiRCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby cortify 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 hass not bean amended or revoked_ Wtftnm Whereof, I hay9 'hete'u twsbt my band and affixed the seal of the Companies on this POA 0018 (10/22) «.... ...+�' .. �" 16th day of March , 2024 , 5eomtery City ofw 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 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. NAI Jesse Jossart Printed Name VP/Secretary Title Jossart Brothers, Inc. Company Name April 1, 2024 Date is\Engineering \Tracy Taylor\Public Works Contracts \miscellaneous\Disclosure of Ownership ForuC2-1- Page 1 of 1 17.docx City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 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 N/A Street Address or P 0 Box City State Zip Code Business Name Street Address or P 0 Box City State Zip Code Business Name Street Address or P 0 Box City State Zip Code Business Name Street Address or P 0 Box City State Zip Code 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 Jesse Jossart Authorized Officer r TDate Signed April 1, 2024 Corporatio a ship or Sole Proprietorship Name Jossart Broth rs, Inc. Street Address or P 0 Box City State Zip Code 1682 Swan Road De Pere WI 54115 If you have any questions call (608) 266.6861 ERD-7777 (R. 01/2011) City o� Oshkosh TO: ALL CONTRACTORS 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.Speciocations and will comply with the requirements of the Plan. Jesse Jossart Printed Name VP/Secretary Title Jossart Brothers, Inc. Company Name April 1, 2024 Date I:\6ngineering\Tracy Taylor\Public Works Contracts\Miscellaneous\Soil & Groundwater Page 1 of 1 Management Plan Certificatlork_2-1-17.docx City Nall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.cl.oshkosh.wi.us CONTRACT 24-12 ATTACHMENT A 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 i Vinton MCC Al Dix Storm Company Fox River Landscaping Bodart Electric Excavating & Grading Asphalt Paving Concrete Traffic Control Landscaping Electrical 25% I hereby certify that the use of the name(s) of the above Subcontractor(s) was with the knowledge and consent of the said S4contractor(s). Jesse - _ge 19 of 22 (Revised) S CONTRACT 24-12,. PROPOSAL The undersigned will begin work as specified after award of the Contract and comptete as specifiec. I hereby certify that all statements are made in behalf of Jossart Brothers, Inc. (Name of Corporation, Pa.rtriership, or Persozi 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, tru�.arC correct. Signature Jesse Jossart, VP/Secretary ----��-------(Title, if any) Subscribed and sworn to before giv ,thrs �) clay of A ri I T 20 24 °�Y1E�MS 4' a W N ary Public, or other a�thoh tic; j�krninister „ pulav �.i v , OF (Bidder should not add any co'Mtitit*'s or qualifying statements to this Proposal as otherwise the Proposal may be declared irregular as not being responsive to the Advertisement.) Accompanying this Proposal is a Biel Bond in the amount of 5 % of the total amount of the Bid, as called for ul the Official Notice to Contractors, Page 22 of 22 (Revised)