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HomeMy WebLinkAboutWRH, Inc. FORM OF BID OR PROPOSAL F.Y.2013 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS EDA AWARD NO.05-79-05007 CONTRACT NO.842 CITY OF WATERLOO,IOWA Honorable Mayor and City Council Waterloo,Iowa Gentlemen: 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 AECOM 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. 2013 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS,Contract No.842,all in accordance with the above-listed documents and for the lump sum price for work in place for: _ s d-v& r ,`` % °` : (. 0 (words) ($ , Z9O, OOO 0 o>t; (figures) A. Breakdown of lump sum price: Blowers Creek Storm Water Lift Station $ t� `/' S c 0 Q oa Liberty Park Outlet Modifications $ l S, 0(7 0 Highway 20 Box Culvert Modifications $ S , 0 0 0 o B. Unit Adjustment Prices: Required Base Bid quantities of the items listed below are set forth in the Contract Documents. If increases or decreases in these quantities occur,the Contract Price is to be adjusted by Change Order on the basis of the following. Adjustment prices are subject to acceptance by Owner,and rejection of one or more adjustment prices will not invalidate acceptance of this Bid. No. Item Unit Unit Adjustment Price 1 Structural Earth Excavation and Backfill CY $ ' 0 O 2. 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to the undersigned within sixty (60) days after the opening thereof, or at any time thereafter before this bid is withdrawn,the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within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.842 BF-1 of 2 AECOM 60188622.15 3. Security in the sum of 5% Dollars($ )in the form ofB i d Bond , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 4. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 5. The bidder is prepared to submit a financial and experience statement upon request. 6. 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. 7. The bidder has received the following Addendum or Addenda: Addendum No. 1 Date 0 3/0 7/14 2 03/12/14 8. 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. 9. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked"none"or"NA". 10. The bidder has attached all applicable forms. 11. 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. WRH, Inc . a/k/a Wendler Construction , Inc . 03/17/14 (Name of Bidder) (Date) BY: Title President Randy t Reihmann Official Address: (Including Zip Code): Mail : PO Box 256 , Amana , IA 52203 Shipments : 1648 T Avenue , South Amana , IA 52334 I.R.S.No. 42-1012899 FORM OF BID CONTRACT NO.842 BF-2 of 2 AECOM 60188622.15 CITY OF WATERLOO, IOWA ritiV 1110110... WATERLOO ENGINEERING DEPARTMENT ..M • 715 Mulberry St. • Waterloo,IA 50703 • (319) 291-4312 Fax(319)291-4262 t S, ERIC THORSON,P E • City Engineer 00 Mayor INFORMATION NEEDED ERNEST G. FOR CLARK IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE COUNCIL MEMBERS CONTRACTOR NAME: WRH , Inc . a/k/a Wendler Construction , Inc . DAVID JONES ADDRESS: Mail : PO Box 256 , Amana , IA 52203 Ward Shipments : 1648 T Avenue, South Amana , IA 52334 CAROLYN COLE Ward 2 (Check One) PRIME: X SUBCONTRACTOR: PATRICK MORRISSEY Ward 3 FEDERAL ID#: 4 2-1012 8 9 9 Blowers Creek Storm Water Lift Station QUENTIN PROJECT NAME: and Dry Run Creek Improvements HART Ward 4 PROJECT CONTRACT NO.: 842 RON WEEPER Wards DESCRIPTION OF WORK: TO M LIND 0 Brickwork 0 Landscaping At-Large ❑ Carpentry 0 Painting STEVEN SCHMITT 0 Concrete 0 Paving At-Large ❑ Drywall-Plaster-Insulation 0 Plumbing O Electrical 0 Roofing-Siding-Sheet Metal O Excavation/Grading 0 Windows ❑ Flooring 0 Wrecking-Demolition ❑ Heavy Construction 0 Other(Please Specify) ❑ Heating-Ventilating-Air Cond. a•C' la cc QF id&Vir WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer SALES TAX EXEMPTION CONTRACT NO.842 STE-1 AECOM 60188622.15 CERTIFICATION REGARDING LOBBYING (This Certification is required pursuant to 31 U.S.C. 1352) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belied that: (1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment,or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$11,000 and not more than$110,000 for each such failure. Please check appropriate box: x No nonfederal funds have been used or are planned to be used for lobbying in connection with this application/award/contract. or Attached is Standard Form LLL, "Disclosure of Lobbying Activities," which describes the use (past or planned)of nonfederal funds for lobbying in connection with this application/award/ contract. Executed this 17 t h day of March , 2014 by Randy L . Reihmann President (Type or Print Name) (Title of Executing Official) WRH , Inc . a/k/a Wendler Construction, Inc . (Signature xecuting Official) (Name of organization/applicant) CRL-•1 CONTRACT CLAUSE NEW RESTRICTIONS ON LOBBYING This contract, subcontract, or subgrant is subject to Section 319 of Public Law 101-121,which added section 1352, regarding lobbying restrictions,to Chapter 13 of Title 31 of the United States Code. The new section is explained in the common rule, 15 CFR Part 28 (55 FR 6736-6748,2/26/90). Each bidder/applicant/recipient of this contract subcontract,or subgrant and subrecipients are generally prohibited from using Federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with this Award. Contract Clause Threshold This Contract Clause regarding lobbying must be included in each application for a subgrant and in each bid for a contract or subcontract exceeding$100,000 of Federal funds at any tier under the Federal Award. Certification and Disclosure Each applicant/recipient of a subgrant and each bidder/applicant/recipient of a contract or subcontract exceeding$100,000 of Federal funds at any tier under the Federal Award must file a "Certification Regarding Lobbying"and, if applicable, Standard Form LLL, "Disclosure of Lobbying Activities," regarding the use of any nonfederal funds for lobbying. Certifications shall be retained by the next higher tier. All disclosure forms,however, shall be forwarded from tier to tier until received by the Recipient of the Federal Award(grant),who shall forward all disclosure forms to the Federal agency. Continuing Disclosure Requirement Each subgrantee,contractor,or subcontractor that is subject to the Certification and Disclosure provision of this Contract Clause is required to file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person. Disclosure forms shall be forwarded from tier to tier until received by the Recipient of the Federal Award(grant)who shall forward all disclosure forms to the Federal agency. Indian Tribes, Tribal Organizations,or Other Indian Organizations Indian tribes,tribal organizations,or any other Indian organizations, including the Alaskan Native organizations, are excluded from the above lobbying restrictions and reporting requirements,but only with respect to expenditures that are by such tribes or organizations for lobbying activities permitted by other Federal law. An Indian tribe or organization that is seeking an exclusion from Certification and Disclosure requirements must provide (preferably in an attorney's opinion)EDA with the citation of the provision or provisions of Federal law upon which it relies to conduct lobbying activities that would otherwise be subject to the prohibitions in and to the Certification and Disclosure requirements of Section 319 of Public Law No. 101-121. Note, also,that a non-Indian subgrantee,contractor,or subcontractor under an award(grant)to an Indian tribe,for example, is subject to the restrictions and reporting requirements. CRL-2 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa Iowa )§ County of. Randy L . Reihmann being first duly sworn,deposes and says that: 1. He is (Owner,Partner,Officer,Representative,or Agent) Pr es i d e n t ,of WRH, Inc. a/k/a Wendler Construct ion>:he78idder 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 his affiant. (Signed Rand . Reihmann President Title 1/ti Subscribed and sworn to before me this f7 day of ) %1 g 1 ,201`'‘. at;DA:te` Title My commission expires /7J20/ . - 43M4 I VIRGINIA K. POSSEHL Commission Number 224030 ow MY COMM.EXP.AUG.17,2014 NON-COLLUSION AF7FIDAVIT OF PRIME CONTRACT NO.842 NCA-I of 2 AECOM 60188622.15 • O 0 t cg o V) o oX a. . ., O L. ew a ❑ att LE y y .O C O� • 0 oO y C.)g � w C.) c rn Ov,o p y O E XI O \ = a c c V rt Q ,p -- 4. el 13 i+ w CW ° O o 'c >' CU O Ac C °° o Q p)y 0, -0 4) Q, —UQ ,: 0 a) = 7 E A O 0 bA 0 . v , U O u, N O 0 oA yC I Z a 0 rt. p 4' ov W z I �"1 ti 17. + `� O O 0 O p(, O O X :3 a > U o QI U c4 d 4J•,..I a) a� 'N .•. 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W FROM :QUICKCONSTRUCTIONCO FAX NO. :3192154166 Mar. 16 2014 07:54AM P2 03/10/2014 15:38 3196226095 WENDLER-WRH PAGE 02 WRH, Inc_ „Nadoer Fo?m CCQ 3 Subcontractor's Bid Request Form Contract No.: F.Y. 2013 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements EDA Awoird No. 05-79-05007 Contract No. 842 Waterlog, Iowa Letting Date: March 17, 2014 ' hereby attest that I have been solicited for a bid (Subcontractors Name) on the l;.Y, 2.013 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvernonts,.EDA Award NO..'0549-05007, Contract No. 842, Waterloo, Iowa in the area of Rc.-Pavi N 4;,_(Description of Work and Bid Item No.) WRH, Inc. has Informed me that if I am Interest in bidding, a subcontracting bid proposal must be submitted to the company office by Monday, October 17, 2014 at 1:00 pm. Subc tractor's Company Name Date S contrJ or's Signature ate WRH, Inc. S gneture WRH Inc.•;PO Box 258,Amami,IA 52203. 1648 T Avenue,South Alumna,IA 52354 Office: 319-82:i!-3B 1 B•Fax:319422-B095 +vwuw,,uendliwimenrn•info@urendlerinr,cam BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, WRH, Inc.a/k/a Wendler Construction,Inc. as Principal,and Merchants Bonding Company(Mutual) _ T as Surety are held and firmly bound unto the City of Waterloo ,Iowa,hereinafter called"OWNER." In the penal sum Five Percent of the Amount of Bid Dollars(S 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 17th day of _ March 20 14 ,for F.Y.2013,Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements,EDA Award No.05-79-05007,Contract No.842,Waterloo,Iowa NOW,TIfEREFORE, (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 faithftil 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 Sure'/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 17fh_day of March ,A.D.2014 . WRH, Inc.a/k/a Wendler Construction, Inc. (Seal) Principal By f Qp (Title)Rano L . Reihmann , President C.�a Z:LGt/l ,,✓2 ?;L,jib/ Merch Bonding pang(Mutual) 'Seal) \\ritnessVir4inia Possehl Srrr C-* Corporat ecretary Witness Stacy Ve ttorney-in-Fact Anne Crowner BID BOND CONTRACT NO.842 BB-f of I AECOM 60188622.15 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 duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint, individually, Jay D.Freiermuth,Brian M.Deimerly,Cindy Bennett,Craig E.Hansen, Anne Crowner,Tim McCulloh,Stacy Venn,Jody Decker,Jacqueline M.Devine,Kevin J.Knutson, Shirley S. Bartenhagen,Lacey Cramblit,Dione R.Young of Des Moines and State of Iowa their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION($20,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the 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 Witness Whereof,the Companies have caused this instrument to be signed and sealed this 10th day of October , 2012 . ,tt+tt,,, as �-(1 ?t +�� • • • MERCHANTS BONDING COMPANY(MUTUAL) a ` /`Y' O'` '% i+ •40.•CS aAit A9y. MERCHANTS NATIONAL BONDING,INC. �'. 2t �3 r�. •., .a. 1933 ;c; O`. •ZJ. • `Y• By ,f �4 STATE OF IOWA 1`'`s�j�,••....... xtr ,,++' .. it •••• J(/` COUNTY OF POLK ss. 4axtt,n,tii+0. ...... President On this 10th day of October , 2012 ,before me appeared Larry Taylor,to me personally known,who being by me duly 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 is 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. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. Lit. MARANDA GREENWALT ti., Commission Number 770312 " r7 /4-1104 My Commission Expires °W October 28,2014 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. 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 17th day of March , 2014 ie i/. +'• ova:. . • '"' G✓1.�22!/7' %, i s: ;- •='. Secretary =%. 2003 q. : • •• 1933 POA 0014 (11/11) '�s'iy".......*;-‘• ,,,• / ••fi ,,,. +�!! •.