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HomeMy WebLinkAboutC.J. Moyna & SonsC.J. MOYNA & SONS 24412 Hwy 13 Elkader, Iowa 52043 Moving the Earth Today for a Better Tomorrow v);,), pf 104. 1Y : C AL„t„n 1 Sa es A I. t 2�c(uwr I� czo43 Lja-erI0b e1+7 CLA 4 utl( kt,t1 St. W crioo , 24 S-0-203 Cot LLv,J F 2.0(-? Sa.L rd AfiL1t l..r�uLH � L = LI:0 Pwt 24412 Highway 13 • Elkader, Iowa 52043 KJ F Y Se-[Aar(I4 L CLeke c •-�� �: 0 �.. r N‘6,2 FORM OF BID OR PROPOSAL FY 2017 SALVAGED ASPHALT CRUSHING CONTRACT NO 17-001 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of tow, , a Partnership consisting of the following partners: A a having familiarized himself) (themselves) <(s_.eg with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the Public Works Director of the City of Waterloo now on file in the office of the City Clerk/Auditor, City Hall, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment and services, including utility and transportation services required to construct and complete this FY 2017 SALVAGED ASPHALT CRUSHING, Contract No. 17-001 , all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: Item No. Description Unit Est Qty Unit Bid Price Total Bid Price id 1. 2. Asphalt Crushing Mobilization Ton LS 25,000 1 $ c $ t 8 000 $ 1S2, SOo $ I 1, 000 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid mailed, emailed or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after this agreement is presented to him for signature, and start work within fifteen (15) days after "Notice to Proceed" is issued. o� 4. Security in the sum of S ° 4 kid Dollars ($ — ) in the form of 61J l<.J is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification. 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s) which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No: Date Date Date 10. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or N/A. 11. The bidder has attached all applicable forms. 12.The Owner reserves the right to select alternates, delete line items, and/or reduce quantities prior to the award of a contract due to budgetary limitations. BY: CA o 4 g6KS, 1µL. (Name of Bidder) K &' 4C0 N Official Address (Including Zip Code) 2'(412 Uw l3 l_ILL , C2d43 Title: s-3®- i 7 (Date) re-sje I.R.S. No: 42-oq E9 447 Contractor Name Address Contractor Type: Prime City of Waterloo Iowa Construction Sales Tax Exemption Contractor Information Required C`: Alto744 4 spas, I T 2YYI2 1/417 l3 L[Le- :i; 52043 Subcontractor Federal Employer Identification Number (12-093,(t,17 Project Name Project Description F Y 2017 SA, A,pLJ t C Q0$4 Uo I7.00 1 Description of Work: Brickwork Carpentry Concrete Drywall -Plaster -Insulation Electrical Excavation/Grading Flooring Heavy Construction Heating -Ventilating -Air Conditioning Landscaping Painting Paving Plumbing Roofing -Siding -Sheet Metal Windows Wrecking -Demolition Other (Please specify) J Cr:A 4LL4- Sales Tax Exemption Info.xls Contractor Info Updated 4/14/04 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of iowa ) County ofc �a7 frog Mitek Y. i.or that: ) ss: , being first duly sworn, deposes and says 1. He is Owner Partner, Officer, Representative, or Agent) , of CT ALTA 4 S,µ,,'Lnc. hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and, cont nts of the subcontractor's proposal submitted by the subcontractor to e' +y • tact 1st, contract pe ainin%to tile F Y tut l Salo.d A Lt+ (:.t3 t.1 project in 1i„t«I.o ti J (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Pres 3 Subscribed and sworn to before me this b LI day of ,2017. My commission expires S-6-20 Title'I )k7 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAGES 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non- discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) EQUAL OPPORTUNITY CLAUSE propriate (Date) PAGE 2 OF 2 PAGES CONTRACT NO: PROJECT NAME: DATE OF LETTING: RESIDENT BIDDER CERTIFICATION FY 2 on S„(„ 1AcpLti- 1.-r4sk`J To be a qualified resident bidder, the bidder shall be a person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that I am a resident bidder as defined above. COMPANY NAME CS Aoyw° er Com., "� CORPORATE OFFICER� \' ` TITLE �� �. KO 40 p�c>�d'e.t1 \\v DATE S40-17 `I BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, C. J. Moyna & Sons, Inc. as Principal, and Merchants National Bonding, Inc. as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Five Percent of Amount Bid Dollars ($ 5% ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 1st day of June , 20 17 , for Crushing Salvaged Asphalt NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal.shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained In the event that the Principal fails to execute the contract and provide the bond as provided In the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this 1st day of June , A.D. 2017 Witness tness By C. J. Moyna & Sons, Inc. (Seal) Principal f• AA, ;doi Merchants National Bonding, Inc. (Seal) Surety By .JYCi 0.t f C r ai('. ` Attorney-in-fact Nancy D. Baltutat (Title) 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, Christopher R Seiberling; Greg T LaMair; Jeffrey R Baker; Jill Shaffer; Joseph I Schmit; Mark E Keairnes; Nancy D Baltutat; Patrick K Duff their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts 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 by law. 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 amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "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 indemnityand 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 aut hority 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 ,.........t 1:0 2003 ,,w7 y•• 1933 : `sd ........, : .\a ) .• ;.f • STATE OF IOWA COUNTY OF DALLAS ss. On this this 5th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn 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 respective Boards of Directors. 5th day of April , 2017 . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT$ NATIONAL BONDING, INC. By President ?IA/. AS" AUCIA K. GRAM Commission Number 767430 My Commission Expires April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of 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 1St day of June , 2017. •.•......... .•"-'•• h:O •Zr2 -0- dam: 2003 :5); ., POA 0018 (3/17) •I— -0- O:Q • 1933 lc • • C• JQ.Y • . it .y Secretary