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BIDDER:
ADDRESS:
CITY OF WATERLOO, IOWA
WATERLOO LEISURE SERVICES COMMISSION
BID FORM
for
2017 SPRING STUMP REMOVAL PROJECT
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COMPANY NAME
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PHONE: (31g )03.3—a0,3,
1. The undersigned, being a Corporation existing under the taws of the State offs,
a Partnership consisting of tl�e+foliowing partners:
SevU(ae /
having been familiarized with the existing conditions on the project area affecting the
cost of the work, and with all the Contract Documents now on file in the offices of the
City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Leisure Services Commission,
1101 Campbell Ave., Waterloo, Iowa, hereby proposes to furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services required to complete the proposed 2017
SPRING STUMP REMOVAL PROJECT, in accordance with the contract documents
and for the lump sum price for the removal of the 596 stumps along City owned rights-of-
way, parks & golf courses as listed in the attached documents for the following amount:
e -e
TOTAL BIDPRICE: ((�� L
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it
2. In submitting this bid, the Bidder understands that the City reserves the right to reject
any or all bids. If written notice of acceptance of this Bid is mailed or delivered to the
undersigned within thirty (30) days after Bid Opening, of 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this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the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 insurance within ten (10)
days after the agreement is presented for signature, and start work within ten (10) days
after `Notice to Proceed" is issued.
1 ,
3. Security in the sum of \ k Wel �t \ /-dollars ($6100 )
in the form of is submitted herewith in a cordance
with NOTICE TO BIDDERS.
4. Attached is a Non -Collusion Affidavit of Prime Contractor.
5. The Bidder is prepared to submit a financial and experience statement upon request.
BID FORM page I of 2
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.
Date: / /
/ /
/ /
8. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid
items listed on the City of Waterloo Minority and /or Women Business Pre-bid Contract
Information Form submitted with this Bid Form. 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 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 shall list all equipment available for this project:
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10. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are
marked "none" or "NA".
11. The bidder has attached all applicable forms.
12. The owner reserves the right to select alternatives, delete line items, and/or to reduce
quantities prior to the Award of Contract due to budgetary limitations.
SIGNED:
DATE:03 1,--2?! /2
Bm FORM page 2 of 2
Dated this
day of Yvla. V , 20 .
C_1,ise Cut)
Name of Bidder
t\
Y
By:
Title: LO V1 f ' I/
State of )
1-1014/1247
i �`)�ss
County of t� �cZC% tICt k'V--
cfN.,` h0v�5
deposes and says that she/he is
OW IA t/'
, being duly sworn
4- 5eY/c( //C
N of Organization
of
and that the answers to the foregoing questions and all statements therein contained are true and
correct. Subscribed and sworn to before me this day of j/kl a
Notary Public
_
My commission expires J ( /0
STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
State of ()Loa_ )
County of_g Lci GAR) ( )
nad "11lCS , being first duly sworn, deposes and says that:
1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) ofTj C 17 I tee moi, .ice ['� 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 Bidor 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.
Siiature
Title
Sbars-crLUedi wad/sworn/ to - b efo re' me/ th+'
ciay of- LIl 1L ,2017.
0 o CCW
My corn414,1441 ep
CITY OF WATERLOO, IOWA
WATERLOO LEISURE SERVICES COMMISSION
CONTRACT
for
2017 SPRING STUMP REMOVAL PROJECT
This Contract for 2017 SP
into on tfti c1Vt. a
G STUMP REMOVAL PROJECT (the "Contract") is made and entered
, 2017, by and between the City of Waterloo, Iowa (the "City"), and
e e Sew( ( c- e, l/C (the "Contractor").
WITNESSETH:
1. The Contractor shall furnish all supervision, technical personnel, labor, materials,
supplies and equipment to perform all work required for the Contract work as described in the
Specifications and shown on the Plans.
2. The Contract Documents shall consist of the following:
a. This Contract
b. Notice of Hearing
c. Instruction to Bidders
d. Signed copy of Bid
e. General Conditions
f. Specifications
g. Plans
These documents form the Contract Documents and are all fully incorporated as a part of this Contract as
if attached to this Contract or set forth in full herein.
3. The Contractor agrees to commence the work within ten (10) days after the City issues a
"Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the
performance of duties under this Contract.
4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo,
Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water and traffic,
and maintaining proper and sufficient barricades with lights and signals during all hours of darkness.
5. Except as to any negligence of City, its officials, officers, employees or agents, in the
performance of any duty under this Contract, and to the extent not covered by insurance maintained by
Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents,
and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs,
or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or
in connection with the acts or omissions of Contractor in performing the work contemplated by this
Contract.
6. Contractor shall be responsible for all damage to public or private property. If public or
private property is damaged by Contractor and is not repaired in a timely manner as determined by City,
Stump Removal Contract - Page 1 of 3
City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the
City or withheld from future payments to Contractor hereunder.
7. The Contractor shall have no cause of action against the City on account of delays and
prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the
completion of the job as was lost by reason of the delay caused by the City.
8. The City, at its sole discretion and without waiving any claims or rights, may allow for
partial payment for the work included on an invoice for which all services have not been delivered or
accepted. The City may withhold payment for reasons including, but not limited to, the following:
unsatisfactory job performance or progress, defective work, disputed work, failure to comply with
material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be
filed, or other reasonable cause.
9. In the event that Contractor defaults in the performance or observance of any covenant,
agreement or obligation set forth in this Contract, and if such default remains uncured for a period of
seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that
Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written
notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable
to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only
one such notice, and in connection with any subsequent breach then City may terminate this Contract
upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be
compensated for all services performed through termination date. No delay in enforcing the provisions
hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or
to obtain relief against or recover for the continuation or repetition of such breach or violation or any
similar breach or violation thereof at any later time or times. In the event that City prevails against
Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable
attorneys' fees and expenses incurred by City.
10. In addition to paragraph 7 above, this Contract may be terminated at any time, in whole
or in part, upon the mutual written agreement of the parties. City may also choose to terminate this
Contract at any time by delivering to Contractor twenty-one (21) days' advance written notice of
termination.
11. Contractor may not assign, delegate or subcontract any of its duties hereunder without
the prior written consent of City.
12. Any notice under this Contract shall be in writing and shall be delivered in person or by
United States registered or certified mail, postage prepaid and addressed:
City
City of Waterloo, Iowa
715 Mulberry St.
Waterloo, Iowa 50703
Attn: City Clerk
Contractor
GctYl---teSerurce<
13 l) c,v0 lc_e( S4
l^DC- e(t00, a St7c3
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person,
or (ii) three (3) business days following the date of deposit if mailed as stated above.
13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute
any joint venture, partnership, agency, employment, or any other relationship between the parties nor,
Stump Removal Contract - Page 2 of 3
except as expressly set forth herein, to create any liability for one party with respect to the liabilities or
obligations of the other party or any other person. Contractor is an independent contractor.
14. This Contract shall be binding upon and inure to the benefit of the parties and the
respective successors and assigns of each.
15. In the event any provision of this Contract is held invalid, illegal, or unenforceable,
whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and
shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract
is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid,
legal, and enforceable, then such provision shall be deemed to be written and shall be construed and
enforced as so limited.
16. This Contract, together with the Contract Documents, constitutes the entire agreement
between the parties pertaining to the subject matter hereof. This Contract may not be modified or
amended except by the mutual written agreement of the parties.
17. In consideration of the full compliance on the part of the Contractor with all the
provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this
Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the
Contractor:
IN WITNESS WHEREOF, the parties have executed this Contract for Stump Removal by their
duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA
Mayor
City Clerk
CONTRACTOR
Name of Contractor ir
By DportiVscArnco
Title: t t/
Stump Removal Contract - Page 3 of 3
EQUAL OPPORTUNITY CLAUSE
(As provided in Executive Order No. 11246)
All contractors, subcontractors, vendors and suppliers of goods and services doing business with
the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually
agree as follows:
1. The contractor, subcontractor, vendor and supplier of goods and services will not
discriminate against any employee or applicant for employment because of race, color, creed,
sex, national origin, economic status, age, mental or physical handicap, political opinions or
affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative
Action program to ensure that applicants are employed and that employees are treated during
employment without regard to their race, creed, color, sex, national origin, religion, economic
status, age, mental or physical disability, political opinions or affiliations. Such actions shall
include but not be limited to the following:
a. Employment
b. Upgrading
c. Demotion or Transfer
d. Recruitment and Advertising
e. Layoff or Termination
f. Rates of Pay or Other Forms of Compensation
g. Selection for Training Including Apprenticeship.
2. The contractor, subcontractor, vendor and supplier of goods and services will, in all
solicitations or advertisements for employees, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, sex, national origin,
religion, economic status, age, mental or physical disabilities, political opinion or affiliations.
3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining
representative will send to each labor union or representative of workers which he/she has a
collective bargaining agreement or other contract or understanding, a notice advising said
labor union or workers' representative of the contractor's commitment under this section.
4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all
published rules, regulations, directives, and order of the City of Waterloo Affirmative Action
Program Contract Compliance Provisions.
5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file
compliance reports within such time and upon such forms as provided by the Affirmative
Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and
practices of each subcontractor as well as the contractor himself/herself and said
subcontractor, vendor and supplier will permit access to his/her employment books, records
and accounts to the City's Affirmative Action Officer, for the purpose of investigation to
ascertain compliance with this contract and with rules and regulations of the City's
Affirmative Action Program — Contract Compliance Provisions relative to Resolution No.
24664.
EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2
6. In the event of the contractor's non-compliance with the non-discrimination clauses of this
contract or with any of such rules, regulations and orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further contracts in accordance with procedures authorized by the City Council.
7. The contractor, subcontractor, vendor and supplier of goods and services will include, or
incorporate by reference, the provisions of the non-discrimination clause in every contract,
subcontract or purchase order unless exempted by the rules, regulations or orders of the
City's Affirmative Action Program, and will provide in every subcontract, or purchase order
that said provisions will be binding upon each contractor, subcontractor, or supplier.
8. We, the undersigned, recognize that we are morally and legally committed to non-
discrimination in employment. Any person who applies for employment with our company
will not be discriminated against because of race, creed, color, sex, national origin, economic
status, age, mental or physical disabilities.
Signed:
Appropriate Official
cxcv er
Title
c`-3". eaR - l 7
Date
EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2
STATEMENT OF BIDDER'S QUALIFICATIONS
(To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.)
All questions shall be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information desired.
1. Name of Bidder.
2. Permanent main office address.
3. When organized.
4. If a corporation, where incorporated.
5. How many years have you been engaged in the contracting business under your present firm
or trade name?
6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate
anticipated dates of completion.)
7. General character of work performed by your company.
8. Have you ever failed to complete any work awarded to you? If so, where and why?
9. Have you ever defaulted on a contract? If so, where and why?
10. List the more important projects recently completed by your company, stating the
approximate cost for each, and the month and year completed.
11. List your major equipment available for the contract.
12. Experience in landscape work similar in importance to the project.
13. Background and experience of the principal members of your organization, including the
officers.
14. Credit available: $
tool cx,
15. Give Bank reference: V era l cv-ti\ kA i ot"
16. Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the City of Waterloo, Iowa? Yes
17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish
any information requested by the City of Waterloo, Iowa, in verification of the recitals
comprising this Statement of Bidder's Qualifications.
STATEMENT OF BIDDERS QUALIFICATIONS PAGE 1 OF 2
NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR
'o KIM row " y e 'cl
State of )
County of
, being first duly sworn, deposes and says
that:
1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of
hereinafter referred to as the "Subcontractor";
2. He is fully informed respecting the preparation and contents of the subcontractor's proposal
submitted by the subcontractor to , contract
pertaining to the 2017 SPRING STUMP REMOVAL PROJECT in Waterloo, Black Hawk
County, Iowa;
3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal;
4. Neither the subcontractor 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 proposal in connection with such contract or to refrain from submitting a
proposal in connection with such contract, or has in any manner, directly or indirectly, sought
by unlawful agreement or connivance with any other bidder, firm or person to fix the price or
prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the
price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy,
connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any
person interested in the proposed Contract;
5. The price or prices quoted in the subcontractor's proposal 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,
Signature Title
Su ncrtbed cc nd.sworn/to-before,m,e,&Cis-
day of , 2017.
SGgvraiture Fate/
My conwru'isgo-n,exptrei'
BID BOND
ccJ i3or C 1\3 e ecx PCS'
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. 20
Witness
Principal
By
(Seal)
(Title)
Surety
(Seal)
By
Witness Attorney -In -Fact
BID BOND PAGE 1 OF I