Loading...
HomeMy WebLinkAboutPeterson Contractors, Inc.s,�q GEMEPq�Opy 'OF MME0.6p >xA FY 2024 W Airline Hwy 5o669-0155 Rail Road Crossing Repairs -if�7cLi7El�. KNOW ALL MEN BY THESE PRESENTS, that we, Peterson Contractors, Inc. as Principal, and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Five Percent of the Total 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 27th day of July , 20 23 , for F.Y.2024 W Airline Hwy Railroad Crossing Repair, Contract No. 1090, Waterloo, Iowa 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 27th day of July A. D, 2023 �ee.j lu.�e Peterson.�ontractors, Inc. (Seal) Witness V — Jessie Allen, Witness to Surety Pri cipal � y � - president (Title) Travelers Casualty and Surety Company of Ameri ca HAR7FOR0, By YJ t�to ne -in-fact Grace Rasmussen ','% d y BID BOND Page 1 of 1 Travelers Casualty and Surety Company of America [TRAVELERSJ Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casually and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Grace Rasmussen of SIOUX FALLS , South Dakota , their true and lawful. Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. (! 4;w n0.: ynurttono, 9� �' t�+xn uZ State of Connecticut By: City of Hartford as. Robert L. Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal, f� i pmnnr /yn ` My Commission expires the 30th day of June, 2026 + a"° a PIM10 Anna P. Nowik, Notary Public k4N This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -In -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it Is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 27th day of July 2023 . �` Cetw� ye �CONr�eL9A � t �ktR �in E Hu�s, Assi�lant Secretary To verify the authenticity of this Power ofAttorney, p/ease ca/1 us at 1-800-421-3880. P/ease refer to the above-named Attorney(s)-/n-Pact and the detai/s of the bond to which this Power ofAttorney is attached. DETERS.N larallarc Mr. UK, BOX A REINBECK, IOWA 50669-0155 FY 2024 W Airline Hwy Rail Road Crossing Repairs Bid Proposal FORM OF BID OR PROPOSAL F.Y. 2024 W AIRLINE HWY RAILROAD CROSSING REPAIR CONTRACT NO. 1090 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 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 services, including utility and transportation services required to construct and complete this F.Y. 2024 W AIRLINE HWY RAILROAD CROSSING REPAIR, Contract No. 1090, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: FORM OF BID CONTRACT NO. 1090 Page 1 of 3 F.Y. 2024 W AIRLINE HWY RAILROAD CROSSING CONTRACT NO. 1090 REPAIR BID ITEM IDOT ITEM NO. ITEM DESCRIPTION UNIT EST. QTYt UNITBID PRICE TOTAL BID PRICE 1 2102-2710090 EXCAVATION, CLASS 10- WASTE CY 40.0 $ 100,00 $ 41000,00 2 2510-6745850 REMOVAL OF PAVEMENT SY 230.3 $ 20.00 $ 4,606.00 3 2515-6745600 REMOVAL OF PAVED DRIVEWAY SY 63.0 $ 20.00 $ 11260,00 4 2502-8215806 SUBDRAIN TILE, 6 -INCH LF 95.0 $ 30.00 $ 21550400 5 2502-8221305 SUBDRAIN OUTLET, DR -305 EA 2.0 $ 550.00 $ 11100,00 6 2115-0100010 MODIFIED SUBBASE CY 80,0 $ 80.00 $ 6,400.00 7 2121-7425020 GRANULAR SHOULDERS, TYPE TON 10.0 $ 60.00 $ 600.00 8 2315-8275055 SURFACING, DRIVEWAY TON 27.1 $ 60.00 $ 11626.00 9 2122-5190010 PAVED SHOULDER, PCC, 10 -INCH SY 22.7 $ 135.00 $ 31064,50 10 25174225210 RAILROAD APPROACH SECTION, PCC SY 62.5 $ 135.00 $ 8, 437, 50 11 2301-1033100 STANDARD/SLIP-FORM PCC PAVEMENT, C, CLASS 3 DURABILITY, 10 -INCH CLASS SY 167.7 $ 135. 00 $ 22, 639.50 12 2529-2242304 CDJOINT ASSEMBLY EA 4.0 $ 750.00 $ 31 000.00 13 2529-8201000 JOINTASSEMBLY, EF EA 2.0 $ 11750,00 $ 3r500,00 14 2527-9263109 PAINTMARKINGS, SOLVENTOR WATER -BOURNE STA 5.14 $ 250.00 $ 11285,00 15 2528-8445110 TRAFFIC CONTROL LS 1.0 $ 61 000.00 $ 61 000.00 16 2528-2518000 SAFETY CLOSURE EA 3.0 $ 500.00 $ 11500.00 17 2533-4980005 MOBILIZATION LS 1.0 $ 7, 500.00 $ 7, 500.00 TOTAL BID $ 79, 068.50 FORM OF BID CONTRACT NO. 1090 Page 1 of 3 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 5% Dollars ($_ ) in the form of Bid Bond is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is allon-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 andlor 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 j 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, andlor to reduce quantities prior to the award of a contract due to budgetary limitations. FORM OF BID CONTRACT NO, 1090 Page 2 of 3 Peterson Contractors, Inc. 7-27-23 I \van� !��- •C eaEstimator Official Address: (Including Zip Code); 104 Black Hawk St., P.O. Box A Reinbeck, IA 50669 I.R.S. No. 42-0921654 FORM OF BID CONTRACT NO. 1090 Page 3 of 3 State of Iowa County of NON -COLLUSION AFFIDAVIT OF PRIME BIDDER the Bidder )ss being first duly sworn, deposes and says that: of Peterson Contractors, 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 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. 00 (Signed)�N� Project Estimator Title Subscribed and sworn to before me this da of 2093 LC Itle a2 Y f9V r c My commission expires 30- 2 5 o �.� AMY L. CLARK F Commisslon Number 798999 My Commission Expires August 30, 2025 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: QYes ONo 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). GYes ONo My company has an office to transact business in Iowa. QYes ONo My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. Yes ONo My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. OYes ONo 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. 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: 12 / 23 / 68to 07 / 27 / 23 Address: 109 Black Hawk St . , P.O. Box A City, State, Zip: Reinbeck, IA 50669 Dates: I /.to I I 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 C 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 Yes ( No 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. 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: PeteAf on C tractors, Inc. Signature: Date: 07-27-23 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 (09-151 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. WYes ONo My business is currently registered as a contractor with the Iowa Division of Labor. OYes Ox No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. 0 Yes ()No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. OYes ONo My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. Yes � No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. OYes (D No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. Yes O No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. O Yes � No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. Yes 0 No My business is a limited partnership or a limited liability limited partnership whose certificate of O limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. 0Yes O No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. OYes O No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) IN �afTa� MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM PrimeContractorName: Peterson Contractors, Inc. MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM PrimeContractorName: Peterson Contractors, Inc. Dates Contacted Project: FY 2024 W Airline Hwy RR Crossing Repairs Letting Date: 07-27-23 NO MBE/WBE 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. Contr Title: Date: 0 7 SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions may 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 MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE 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/WBE 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 mads good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBE/WBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted DC Corporation 07-27-23 Y 07-27-23 Y $30,000.00 (Form CCO-4) Rev. 06-20-02 MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM INSTRUCTIONS Prime Contractor Responsibilities: Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE businesses are provided the opportunity to participate in the performance of contracts and subcontracts. Prime contractors are required to assist MBENVBE businesses in overcoming barriers to participation, and must make good faith efforts to secure bids from, and award subcontracts to, MBE/WBE businesses. For all contract bids of $50,000 or more, the following is required to demonstrate good faith efforts in accordance with this policy: 1. "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" submitted with the prime contractc bid, properly completed and signed on Form CCO4 (Rev. 06-20-02). Please note that this document must include all subcontractor contacts, bids received, and awarded - not just those related to disadvantaged business enterprise vendors. 2. A minimum of three (3) MBENVBE business contacts must be made and documented, if there are at least three (3) MBENVBE businesses offering services in the areas to be subcontracted (see City of Waterloo MBENVBE Certified List). 11 less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If you have submitted a MBE/WBE contact not on the City's MBENVBE list, attach a copy of the certification from another government agency. 3. Contacts to each MBENVBE businesses are required to be a minimum of seven (7) working days prior to the date the prime contractor submits the bid to the City of Waterloo. 4. The following documentation must accompany the "MBENVBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" for each MBENVBE business contacted: a. A copy of the bid received from the MBENVBE, OR b. If no bid was received, a copy of correspondence received from the MBE/WBE with a "no bid" response, OR c. If no response was received, a copy of the solicitation sent to the MBENVBE with proof of mailing attached. 5. If any MBENVBE business submitting bids are not selected for subcontract award, documentation must accompany the "MBENVBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" on why the MBENVBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBENVBE did not bid, withdrew bid or was non-responsive. c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by the Prime Contractor. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. Subcontractors Responsibilities: 1. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If the City Contract Compliance Officer does not receive sufficient scope letters seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and an MBENVBE in which the MBENVBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. Form CC04A Rev. 07-08-02