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HomeMy WebLinkAboutBenton's Sand and GravelBENTON'S SAND & GRAVEL 905 CENTER STREET CEDAR FALLS IA 50613 BENTON'S SAND & GRAVEL 905 CENTER STREET CEDAR FALLS IA 50613 _�- City of Waterloo 715 Mulberry St Waterloo IA Bid For: FY 2020 Rip Rap Repairs Along Levee System, Contract 999 City of Waterloo 715 Mulberry St Waterloo, IA Bid Security: FY 2020 Rip Rap Repairs Along Levee System, Contract 999 FORM OF BID OR PROPOSAL FY 2020 RIP RAP REPAIRS ALONG LEVEE SYSTEM CONTRACT NO 999 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 Iowa a Partnership consisting of the following '.partners: having fam harized (himself) (themselves) (itself) 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 City Engineer of the City of Waterloo now on file in the office of the City Cle k, City Ha I Waterloo Iowa hereby proposes to fum'sh all supervision, technical personnel labor materials ` machinery, tools, appurtenances equipment and services, includ ng utility and transportation services required to construct and complete th s FY 2020 RIP RAP REPAIR ALONG LEVEE SYSTEM, Contract No 999, all in accordance with the above -listed documents and for the unit pnces for work in place for the following items and quantities It isunderstood that the quantifies 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 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 is mailed telegraphed or delivered to the undersigned w thin thirty (30) days after the open ng thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten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 the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed' is issued. FORM OF BID CONTRACT NO 999 Page 1 of 3 FY 2020 RIP RAP REPAIRS CONTRACT ALONG NO. LEVEE 999 SYSTEM EMU ITEM DESCRIPTION UNIT r. EST. QTY. UNIT. PRICE BID TOTAL SID 1 `, MOBILIZATION LS c 1.0 $ 4,500.00 $ 4,500.00 2 CLASS D REVETMENT TN 3329.0 $ 63.00 $209,727.00 3 ' RECP TYPE 2 MATTING SF 2085.0 $ 0.60 $ ;1,251.00 4 TRAFFIC CONTROL LS 1.0 $ 500.00 $ 500.00 TOTAL B D $ 215 978.00 It isunderstood that the quantifies 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 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 is mailed telegraphed or delivered to the undersigned w thin thirty (30) days after the open ng 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 the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed' is issued. FORM OF BID CONTRACT NO 999 Page 1 of 3 4. Security in the sum of 5% of the bid amount Dollars ($ 5% ) in the form of Bid Bond 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 ( X ), or Non -Resident Bidder Certification ( ). (Mark one.) 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. None Date 10. The bidder shall list the MBENVBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked 'none' or "NA". 12. The bidder has attached all applicable forms. FORM OF BID CONTRACT NO. 999 Page 2 of 3 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. Benton's Sand & Gravel, Inc. November 21, 2019 BYK (Name of Bidder) (Date) Title Vice -President Official Address: (Including Zip Code): 905 Center Street Cedar Falls, IA 50613 I.R.S. No. 42-1273294 FORM OF BID CONTRACT NO. 999 Page 3 of 3 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa County of Black Hawk )ss James D. Snodgrass , being first duly sworn, deposes and says that: 1 He is (Owner, Partner, Officer, Representative. or Agent) of Benton's Sand & Gravel, Inc. the Bidder that has submitted the attached Bid; 2 He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder 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 Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any 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 attached Bid 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) Vice -P Subscribed and sworn to before me this , 201`1. My commission expires day of ktgy #.0./(9J why l7 Aia6 KIMBERLY BUCK COMMISSION NO.783169 MY COMMISSION EXPIRES MARCH 17.. Title Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: 11 m Yes No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). Yes No My company has an office to transact business in Iowa, Yes 1 1 No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. Yes ■ No My company has been conducting business in Iowa for at least 3 years pnor to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. Yes [1 No To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: 04 / 01 / 1986 to 11 / 21 / 2019 Address: 905 Center Street City, State, Zip: Cedar Falls, IA 50613 Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: To be completed by non-resident bidders Part D 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. Yes ■ No You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Benton's Sand & Gravel, Inc. Signature: Date: 11/21/19 You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) MBE/WBE BUSINESS E TER?RUSE PRE-BID CONTACT INFO1:9'u AT9ON FORM Prime Contractor Name: Benton's Sand & Gravel, Inc. Project: FY 2020 Rip Rap Repairs Along Levee Letting Date: 11/21/19 NO MBEIWBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signatur Vice -President 11/21/19 t�7'"'�`— Title: Date: SUBCONTRACTORS APPLGOABLE: You are required, in order for your bid to be considerec responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This in -ormation is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBEIWBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/VVBE firms to perform portions of the work, please contact Rudy Jones, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBE/VVBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORM '\TION SHOWING BIDDER'S PRE-BID MBE/WBE BUSIKESS - TERPRCSE CONTACTS Quotes Received Quotation used in bid IVIBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted Daniels Home Improvement 339 Albany St., Waterloo IA 50703 11/18/19 No 0.00 DC Corporation 426 Beech St., Waterloo IA 50703 11/18/19 No 0.00 Greer's Works 2003 Plainview St, Waterloo IA 50703 11/18/19 No 0.00 Quick Construction 217 Bates St., Waterloo IA 50703 11/18/19 No 0.00 (Form CCO-4) Rev. 06-20-02 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, _ Benton's Sand & Gravel Inc as Principal, and Employers Mutual Casualty Company as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Five percent of the bid amount 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 corAion of this obligatiop is such that whereas the Principal has submitted the accompanying hid dated the 1 Si day of November , 2019 _, for FY2020 RIP RAP Repairs Along Levee System Cnntract9.99 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 therm as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this 21st day of November , A D. 201 9 . Benton's Sand & Gravel Inc (Seal) Principal Ci A.i °i 0>cgoi-C. Employers Mutual Casualty Companeteal) Witness 7 'Surety N1C Zaat i f Witness By Jill Shaffer Attorney-in-fact (Title) P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3, Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: JILL SHAFFER its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute the Bid Bond In an amount not exceeding Ten Million Dollars $10,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed purs nt to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and I mitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to bg hereto affixed this 1st day of July , 2018 . Seals 3_ • s'''' SEAL;: ''a n: t. SEAL • + tow• n,-°,: %44j.ate 104; et "'+: a..ist 241953� Ve,so. .•M,Itua 3 gc SEAL =g= E5 SEAL `o • e,H • ........• ...... I.K ZP:: KATHY LOVERIDGE Commission Number 760769 MyOorn10 Sofres October 1022 j Bruce G. Kelley, Companies 2, 3, of Companies 1, Companies 1, 2, EO, Cha' - an of 4, 5 & 6; President 2 & 6; Treasurer o1 3,4&6 Todd Strother Senior Vice President On this 1st day of July 3 2018 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President and Treasurer, and/or Senior Vice President, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2022. U ILLr/L.LdI Notary PubliS in and fo the State oUlowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 1st day of July , 2018 , are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 21st day oNovember - 2019 7854 (9-19) 8005536 A1419 912 A 000000-00 Vice President "For verification of the authenticity of the Power of Attorney you may call (515)345-26894"