HomeMy WebLinkAboutC.J. Moyna & SonsC.J.
MOYNA
& SONS
24412 Hwy 13
Elkader, Iowa 52043
Moving the Earth Today for a Better Tomorrow
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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is withdrawn, the undersigned agrees to execute and deliver an agreement in the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
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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.
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