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HomeMy WebLinkAboutC.J.. Moyna & Sons Inc.151 �� e-� ikon 4 Coles. T . 29k t1 iilwy 13 EJLJer, C s4 c-zo1l, Ucter\t)( CL r \L VoM _ j I5 AL(Lacry S� L)c&taioo Z� S0-7 03 ( T t> Ei64 - F L 260 Sic,Crj:, cul` `tp • 3-9-17 1: ob C,GNI 649, C.J. MOYNA & SONS 24412 Hwy 13 Elkader, Iowa 52043 Moving the Earth Today for a Better Tomorrow 1?)` d` LAJ FORM OF BID OR PROPOSAL F.Y. 2017 SITE GRADING FOR NORTHEAST INDUSTRIAL PARK CONTRACT NO. 926 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) (thernselvas)�iitsel with the existing conditions on the project area affecting the cost of the work, and wl 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. 2017 SITE GRADING FOR NORTHEAST INDUSTRIAL PARK, Contract No. 926, 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. 2017 SITE GRADING FOR NORTHEAST INDUSTRIAL PARK CONTRACT NO. 926 ITEM NO. ITEM DESCRIPTION UNIT ESTIMATED QUANTITY UNIT COST TOTAL COST BASE BID - ROADWAY CORRIDOR AND EAST AREA 1 MOBILIZATION LS 1 210 Doo - 2l0 000 - 2 TRAFFIC CONTROL LS 1 4Soo ' - 4.36g 3 STORM WATER POLLUTION PREVENTION PLAN IMPLEMENTATION LS 1 3 Sp0 - 3 5'00 - 4 SILT FENCE LF 7,348 2 - Iq, Cq G 5 MOBILIZATION, EROSION CONTROL EA 5 soo` 2sop 6 TEMPORARY CULVERT PIPE LS 1 g X00 V S O 7 CLEARING AND GRUBBING AC 13 3' oo' S0 7Do - 8 TOPSOIL, STRIP, SALVAGE, AND RESPREAD CY 20,3857 7o t SC, g GY So FORM OF BID CONTRACT NO. 926 Page 1 of 4 9 CONSTRUCT, MAINTAIN, & REMOVE TEMPORARY SEDIMENT TRAP EA 2 - 9 2 06 Q 40 I O 10 EXCAVATION, CLASS 10, ROADWAY AND BORROW CY 127,198 S - c�3 5,1 9 0 11 LOWER EXISTING WATER MAIN, DIP, 16- INCH DIA LS 1 I $, S00 1 e, S06 12 STORM SEWER GRAVITY MAIN, TRENCHED, RCP, 2000D (CLASS III), 24 -INCH DIA. LF 44 ' I ? g S 27 2 13 APRON, CONCRETE, 24 -INCH DIA., W/ APRON FOOTING EA 1 I $00 I $00 14 APRON GUARD, 24 -INCH PIPE EA 1 C S 0 % G Sd - 15 COLLAR PROPOSED STORM PIPE TO EXISTING MANHOLE EA 1 1B p J ($ OQ 16 RECONSTRUCT DRAINTILE OUTLET EA 4 12 00 - (-(QO b 17 REVETMENT, CLASS D TON 450 7 0 ` IC S0O 18 TOPSOIL, FURNISH AND SPREAD CY 5,100 14 - 71, 400 19 TEMPORARY SEEDING AC 13 2 Yo - S2 S0 20 SLOPE PROTECTION, WOOD EXCELSIOR MAT 5Q 2,110 IS 31,650 21 HYDROSEEDING AC 25.3 3306' )73,440.- 22 2 -YEAR MAINTENANCE BOND LS 1 G S00 - G S 00 SUBTOTAL BASE BID f SJ 1i3693c2 FORM OF BID CONTRACT NO. 926 Page 2 of 4 ALTERNATE #1 - WEST AREA 1 SILT FENCE LF 4,720 2' 1490 2 MOBILIZATION, EROSION CONTROL EA 5 S-00 2 5-00- 3 CLEARING AND GRUBBING AC 7 3900- 2?, 3 00 4 TOPSOIL, STRIP, SALVAGE, AND RESPREAD CY 17,078 ' 7-0 (31,500 - 5 EXCAVATION, CLASS 10, ROADWAY AND BORROW CY 89,142 s - (itis Z 10 6 REVETMENT, CLASS D TON 200 -)0 (4,000 7 TOPSOIL, FURNISH AND SPREAD CY 4,300 1 t{ - G 0 200 - 8 TEMPORARY SEEDING AC 11 2 &0 - 27 S' 0 9 SLOPE PROTECTION, WOOD EXCELSIOR MAT SQ 1,075 1 S' - 16 1 2 S 10 HYDROSEEDING AC 21.2 IS op C/. 1'60 11 2 -YEAR MAINTENANCE BOND LS 1 4 Soo 4 Sou - FORM OF BID CONTRACT NO. 926 Page 2 of 4 SUBTOTAL ALTERNATE #1 TOTAL CONSTRUCTION COST - BASE BID TOTAL CONSTRUCTION COST - ALT. #1 TOTAL CONSTRUCTION COST - BASE BID & ALTERNATE #1 coo 7 839 8S h sb vAi 3c,2 r F G,0 83 g8s A lb �IS3,3k8� 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 S ' odr Dollars ($ �l �d in the form of 1):J Lbvil , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. Attached hereto is a Resident Bidder Certification ( )( ), 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 $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. The bidder has received the following Addendum or Addenda: Addendum No. FORM OF BID Date 3�3-t7 CONTRACT NO. 926 Page 3 of 4 10. The bidder shall list the MBENVBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. 0 AA 4 SOK rt�, 3-9 •I1 (Name of 'Bidder) (Date) BY: Title OfficiaTAddress: (Irtc clinic Zip Code): 2.4'V2 Uw t3 6lUet, TAY 5 2 0 4 4 I.R.S. No. 42 .OW3`14y-j FORM OF BID CONTRACT NO. 926 Page 4 of 4 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOO Iowa, hereinafter called "OWNER." In the penal sum Dollars ($) 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 day of 20 for 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 day of , A.D. 201_ (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact NON-COLLUSION AFFIDAVIT OF PRIME BIDDER )ss County of) C(aytov, SIL P. UJrKik , being first duly sworn, deposes and says that: 1. He is �iOwn)� Partner efficer, Refresentative, or Agent) of C Atteyn° , the BiBdei'fhat has submitted the attached Bid; l State of -t-pk14 ) 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. ra , 2011 (Signed) Title w� Subscribed and sworn to before me this d My commission expires . S- `- li '^a4 07 M,+.rJ4 Title sold, t • CONTRACT NO: PROJECT NAME: DATE OF LETTING: RESIDENT BIDDER CERTIFICATION el 2 r 3-4-17 1 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. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that I am a resident bidder as defined above. COMPANY NAME e bt0Y,.. 4 s0Ks,—soLik O. go tc, CORPORATE OFFICER TITLE Pres:CU DATE 3-4-I-7 MBE/WBE BUSINESS ENTERPRISE 1' PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: �S /40 0111 4 so I- T,c. Project: oorrguasi- T��sir'.( P.r, Letting Date: 3 9'l7 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. Contractor Signature: % Title: it re5:ij Date: S -9-t7 ♦ . w P • Lt, yNc SUBCONTRACTORS APPLIC =LE: You ate re uired, 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 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 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 Louis Starks, 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 made 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 (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 MBE/WBE 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 contractor bid, properly completed and signed on Form CCO-4 (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) MBE/WBE business contacts must be made and documented, if there are at least three (3) MBE/WBE businesses offering services in the areas to be subcontracted (see City of Waterloo MBE/WBE Certified List). If 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 MBE/WBE list, attach a copy of the certification from another government agency. 3. Contacts to each MBE/WBE 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 "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" for each MBE/WBE business contacted: a. A copy of the bid received from the MBE/WBE, 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 MBE/WBE with proof of mailing attached. 5. If any MBE/WBE business submitting bids are not selected for subcontract award, documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE 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 MBE/WBE in which the MBENVBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. Form CCO-4A Rev. 07-08-02 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, C. J. Moyna & Sons, Inc. as Principal, and Merchants National Bonding, Inc. 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 (5%) Dollars ($) 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 day of March 9 , 2017, for _ F.Y. 2017 Site Grading for Northeast Industrial Park 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 this9rhr ofM .h2017 . ' (Seal) t'a (Seal) Witness c),) ,�, v By I Witness By Principal CJ. Moyna & Sons, Inc. Surety Merchants National Bonding, Inc. A)" (Title) Attorney-in-fact Nancy D. Baltutat MERCHAN-1, 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, Christopher R Seiberling; Greg T LaMair; Jeffrey R Baker; Jill Shaffer; Joseph 1 Schmit; Mark E Keairnes; Nancy D Baltutat; Patrick K Duff 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: TEN MILLION ($10,000,000.00) 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 5th day of May , 2016 . STATE OF IOWA ,a,,,l ill y„r .oafI1 .... "”. p • °` _0_ `7 : 2003 IP 4•7 ''••"nu*.1,111111, gym. v0 64,-:11% y� • • a'• 1933 ig ..2% 0,4,4);;• • :• r MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By COUNTY OF Dallas ss. President On this 5th day of May , 2016 , 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. Ay- f.s WENDYWOODY ' Commission Number 784654 My Commission Expires 'owP June 20, 2017 Notary Pub', O;^Rolk 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 POA 0014 (6/15) aQ�NG • C0'7A'. y; 1933 ••y Secretary March , 2017 .