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B & B Builders & Supply
Robert N . Brustkern B & B Builders & Supply 5728 Sierra Drive Waterloo , IA 50701 -9150 � l I 4 Robert N . Brustkern B & B Builders & Supply 5728 Sierra Drive Waterloo , IA 50701 - 9150 Oyu FORM F BID OR PROPOSAL Y 2021 LEISURE S VIC CHEMICAL BUILDING APRON PAVING CONTRACT . 103 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 �✓ a consisting of the following �s '4r- 5 Le � '�" � � D r rn , having familiarized (himself) ( sela�s 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 services , including utility and transportation services required to construct and complete this FY 2021 LEISURE SERVICES CHEMICAL BUILDING APRON PAVING , Contract No . 1039 , in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities : o___moSEE NEXT PAGE ___a_ FORM OF BID CONTRACT NO . 1039 Page 1 of 4 FY 2021 LEISURE SERVICES CHEMICAL BUILDING APRON PAVING CONTRACT NO . 1039 SUDAS SPECIFICATION * SEE BID SUPPLEMENTAL UNIT BID TOTAL BID ITEM SP = SPCL PROV DESCRIPTION - BASE BID UNIT EST QTY PRICE PRICE 1 2010- 10& D * EXCAVATION , CLASS 10 LS 1900 $ �" $ 14010 2 7040- 1 0 &X0 PAVEMENT, PCC , CSUD , 6 . 0" SY 640 . 00 $ e5Voi tn7 $ 5r660, 4 3 11 , 020- 10 &A MOBILIZATION LS 1 . 00 $ — $ Ice 00 4 7010-3 . 04-A COLD WEATHER PAVING/PROTECTION SY 220 . 0 1 $ If 3�v $ gg010;. TOTAL BASE BID SUDAS SPECIFICATION * SEE BID SUPPLEMENTAL UNIT BID TOTAL BID ITEM SP = SPCL PROV DESCRIPTION - ALTERNATE #1 UNIT EST QTY PRICE PRICE 5 2010- 10 & D * EXCAVATION , CLASS 10 LS 1 . 0 $ $ J , PC 6 7040- 108-A-O PAVEMENT, PCC , CSUD , 6 . 0" SY 588 . 0 $ , 00 TOTAL ALTERNATE #1 BID TOTAL BASE BID + ALTERNATE # 1 BID $ �' Yi '7, at P 0 1 . 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 . FORM OF BID CONTRACT NO . 1039 Page 2 of 4 i 4 . Security in the sum of � ' tL V4 Off° e mo an t bid Dollars ($ ) in the form of ,5 id Ovqvict 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 Bidder Status Form . 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 10 . The bidder shall list the MBE/WBE 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 . 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 . FORM OF BID CONTRACT NO . 1039 Page 3 of 4 ( Name of Bidder) ( Date) BY : ,�� � f I gh�� �h-ti Title Official Address : ( Including Zip Code) : I . R . S . No . 0� ' 1 � 17170 © y FORM OF BID CONTRACT NO , 1039 Page 4 of 4 BID BOND KNOW ALL MEN BY THESE PRESENTS , that we, B & B Builders & Supply 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 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 29th day of October 20 20 , for FY 2021 Leisure Services Chemical Building Apron Paving,_ Contract No . 1039 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 29th day of October , A . D . 20 20 . B & B Builders & Supply (Seal) Principal By 44t4/ "L (Title) Merchants Bonding Company (Mutual) (Seal) Witness Muretty ' By Witness d d A igai oh Attorney-in-fact MERCHANTS BONDING COMPANYTIl 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; Enid P Devries ; John R Fay; Kent M Rosenberg ; Mat DeGroote; Matthew R Fay; Michael L McCoy 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 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 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 11th day of February 2020 A1UNq< . • • O�NG CQ,If• • at sP0/? �0 :0 gat � RPO 69•: MERCHANTS BONDING COMPANY ( MUTUAL) G� �� ' 2 • + � V� '�� .y� , MERCHANTS NATIONAL BONDING, INC. A go to a to v : 2003 :`�c : 6 '•r 1933go By ;d` ' mac • tib. « 3 ' ' • . . . . . . • ..��ly . �J'�.• � •• , • ly ' � ' `1 , •• President STATE OF IOWA Big * 00• • � ' • ' 0 • COUNTY OF DALLAS ss. On this 11th day of February 2020 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 . ApFttA( s POLLY MASON o v Commission Number 750576 rag My Commission Expires January 07 , 2023 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 29th day of October 12020 o'• P� 1ONq < .' �O�NG • Cg4l =ham GORPU/riq P000 ,9ggy�4 * amount Fonog _ ' 2003 o y'� 1933 4 a: (zo Secretary .;'y : . :' : v�4 • POA 0018 ( 1 /20 ) " " " " ����' • • • • • • � � • NONWCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ) ) ss County of C ) tS d rsI,54 yryt being first duly sworn , deposes and says that: 1 . He is (Owner, r, r, RerresenstaiM , QEAmb of ikil 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 ; 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. D L— (Signed ) Title OS bscribed and sworn to before me this J day of V�cs � 206 UlTitle <�._ My commission expires �d