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HomeMy WebLinkAboutMinturn, Inc. yyY) CO HT SD `."-' S 01 :::),,,,.. cY) ..g, _C V a 2 c.,--).,_, -___Q —c,.,...,---z- Qt__ , _2, (, V -,--, cp, , V .14 3 rs. • FORM OF BID OR PROPOSAL F.Y. 2017 TREE CLEARING CITY COMPOSTING SITE CONTRACT NO. 927 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being Kt orporation�existing under the laws of the State of �W , a Partnership consisting of the following partners: having familiarized (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 Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and is services, including utility and transportation services required to construct and complete this F.Y. 2017 TREE CLEARING - CITY COMPOSTING SITE, Contract No. 927, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: F.Y. 2016 TREE CLEARING - CITY COMPOSTING SITE CONTRACT NO. 927 BID DESCRIPTION UNIT 'EST.QTY. UNIT BID :TOTAL iBID PRICE 'I ITEM PRICE 1 MOBILIZATION LS 1.00$b1 g00°9 $ (Qf goo°O 2 TREE CLEARING AND DISPOSAL ACRE 3.00$ I/ On� $ �7l 000 3 12"STRAW WATTLE, INSTALL LF 950.00$ Z $ ' 1 p0 eo 4 12"STRAW WATTLE, REMOVE LF 950.00$ 0 ti5 $ 237 — 5 SEEDING &FERTILIZING, RURAL ACRE 0.50$ Z 60bc") $ II �t.�oo So E: TOTAL BID $ -31/4)1ck3-I -- FORM OF BID CONTRACT NO. 927 Page 1 of 3 ADDENDUM NO. 1 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 is mailed, telegraphed, 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to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten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 the agreement is presented to him for signature, and start work within ten (10) days after"Notice to Proceed" is issued. 4. Security in the sum of Dollars ($ ,j 9a ) in the form of rj C 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.) 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 al.3/1-7 10. The bidder shall list the MBEIWBE 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. FORM OF BID CONTRACT NO. 927 Page 2 of 3 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. 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. In rr %nt Nqf I - (Name of Bidder) (Date) BY: � Title Pries c .n-\-- Official Address: (Including Zip Code): N , Orchard S+. I.R.S. No. t I \) t I-_I(D 2`i FORM OF BID CONTRACT NO. 927 Page 3 of 3 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of j t,O(a 1�P QS � )ss County of I W ,,�/�17i{1, '_ )/ Chn'�n 1I 1 �fh11000CS , being first duly sworn, deposes and says that: �,` 1. He is (Owner Partner fficer eoresentative, or Agent) / r of /f{-►/AY1ld /IL . , the Bi r at 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; 3. 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) ,r.(S i d.12)4 Title �Subscribed and sworn to before me this "/ day of 9 nU(1<Yl ' , 2012. S2C,ft l GiY/001 itle My commission expires Ina PCB / urn MINDY J RHOADS A. Commission Number 794952 2? "A My Commission Expires awr March 8,2019 RESIDENT/NON-RESIDENT BIDDER RESIDENT BIDDER: In accordance with Section 73A.21 of the Iowa Code, all non-federal-aid public improvement projects, which include road construction, shall be performed by a qualified resident bidder. The resident bidder has been further defined as follows: Resident Bidder: 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. The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Resident Bidder Certification" is included in the Contract Documents. If it is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin unless the contractor becomes qualified. NON-RESIDENT BIDDER: The contractor shall provide the City with a certification that he is a non-resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Non-Resident Bidder Certification" is included in the Contract Documents. DJG 01/02/12 • RESIDENT BIDDER CERTIFICATION CONTRACT NO: 5Ia1 PROJECT NAME: 'PI. 2t P. CI rU rn tnCt (Myr-1 1'n S4- DATE OF LETTING: 'Fd,brnark1 q, 20I1 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. 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O co73 0 CD 0 0 3. 2. a ° a 2 c c o �• n CD ot° 0 Z a = CD ro° �. cn m 3 N o co Cl) = 5 .. to cn coo - BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, Minturn, Inc. as Principal, and Merchants Bonding Company(Mutual) as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum five percent of bid bond 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 condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 9th day of February , 2017 ,for FY 2017 Tree Clearing-City Compositinq Site, Contract No. 927 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 ac cPptance 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 faits 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 9th day of February ,A.D.201 7 Minturn, Inc. NOSUnti (Seal) Principal • By ( Gil ►nion PA. Rttltk{S (Title) Merchants Bonding Company(Mutual) (Seal) i gss / Surety c c gy , tiLam_ vLEins ate; °sPfle9 .2� Witness ;z Laud Meneough, Attorney-in-fact A $ -O- 0 3; &,. 1933 :- 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, Abigail R Mohr; Jennifer Keislar; John R Fay; Kent M Rosenberg; Lauri Meneough; Mat DeGroote; Matthew R Fay; Michael L McCoy their true and lawful Attorney(s)-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 20th day of January 2017 .`' �tOj� '., .•�Ng �0•.• MERCHANTS BONDING COMPANY(MUTUAL) o } �• ' : Q• ' ' 4 • MERCHANTS NATIONAL BONDING,INC. 9 Z 0 2co .� •• 1933 .ti STATE OF IOWA '. •!t• • •• .. i • By 4671(r, \1 . COUNTY OF Dallas ss. • .=�ary""...01""� President On this 20th day of January , 2017 ,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. tiPR�ALS WENDY WOODY z � Commission Number 784654 My Commission Expires =owr June 20, 2017 Notary Pub!, , 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 9th day of February , 2017 . ...... • ...... ,dja •00�0(iP0g9.9•.VSIY •{; ••z: e.3 Secretary :*-. d• 19 cr 2av3 :.n= y• 33 ti• d ao• d>'�/••....... <~.` S• py °. Yr POA 0014 (6/15) kr"""'"`"""""