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GRADING &
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801 HWY 21, PO BOX 157
DYSART, IA 52224
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GRAZING &
CONTRACTING
801 HWY 21, PO BOX 157
DYSART, IA 52224
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FORM OF BID OR PROPOSAL
F.Y. 2018 LEVEE TREE CLEARING CEDAR RIVER
CONTRACT NO. 938
CITY OF WATERLOO, IOWA
Honorable Mayor and City Council
Waterloo, Iowa
Gentlemen:
1. The undersigned, being a Corporation existing under the laws of the State of
[� a \ 1Partnership consisting of the following partners:
s �Ukt 1 ) i:� L 1
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. 2018 LEVEE TREE CLEANING CEDAR RIVER, Contract No.
938, 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. 2018 LEVEE TREE CLEANING CEDAR RIVER
CONTRACT NO. 938
BID
ITEM
DESCRIPTION
UNIT
EST. QTY.
UNIT BID
PRICE
TOTAL BID PRICE
1
MOBILIZATION
LS
1.00
1580.10
5,,00()
$ i 3 —
$ 611/000
2
CLEARING AND GRUBBING
UNIT
$-,)-13.
3
CLEARING AND GRUBBING
CLEARING
ACRE
4.59
$ q,000'--
$ ? 7-1:2)) (% —
4
RELOCATE RUBBLE PILES
LS
1.00
$ ) '(0 -
$ ,,)1 (C)
$ 911 L —
5
SEEDING, FERTILIZING AND MULCHING
ACRE
4.59
$A000
6
TRAFFIC CONTROL
LS
1.00
()SOD "-
a5Uo ,---
TOTAL DID
$ 33q1-4-( ) 'SCS
FORM OF BID
CONTRACT NO. 938
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withdrawn, the undersigned agrees to execute and deliver an agreement in the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 j °/b
Dollars ($ ) in the form of
is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS.
Attached hereto is a Non -Collusion Affidavit of Prime Contractor.
6. 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. Date
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.
FORM OF BID
CONTRACT NO. 938 Page 2 of 3
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.\\A\(H\ctc\i,
1. vA(s� i I —
(Name of Bidder) (Date)
BY:
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Title,oS\cQv,�
Official Address: (Including Zip Code):
-6(3\ \LJk+
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I.R.S. No. c)
FORM OF BID
CONTRACT NO. 938 Page 3 of 3
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
State of
County of \ v\"_tr
)ss
, being first duly sworn, deposes and says that:
1. Ae is Owner Part er Officer I . resentative or A• ent , of k\t -\r\
��� �r� y�v�l , the :idder that has submitted the attached Bid;
2. He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded,
conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person
to submit a collusive or sham Bid in connection with the Contract for which the attached
Bid has been submitted or to refrain from bidding in connection with such Contract, or
has in any manner, directly or indirectly, sought by agreement or collusion or
communication or conference with any other Bidder, firm or person to fix the price or
prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost
element of the bid price or the bid price of any other Bidder, or to secure through any
collusion, conspiracy, connivance, or unlawful agreement any advantage against the City
of Waterloo, Iowa, or any person interested in the Proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or
any of its agents, representatives, owners, employees, or parties in interest, including this
affiant. , /
(Signed)
\JNiAck4�
Title
Subscrib d and sworn to before me this a Yla day of
1r�/l�QAj-t , 2013.
°13rTf‘litil2‘ k QJL 4j CJi
Title
My commission expires 313 ( it
pP1AL �, TABATHA KAISER
r Commission Number 757673
M mmmtss on pares
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5
NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of )
County of
, being first duly sworn, deposes and says
that:
) ss:
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
project in
(City or County and State)
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; and
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.
(Signed)
Subscribed and sworn to before me this day of
201
Title
Title
My commission expires
RESIDENT/NON-RESIDENT BIDDER
RESIDENT BIDDER:
In accordance with Section 73A.21 of the Iowa Code, all non -federal -aid public
improvement projects, which include road construction, shall be performed by a
qualified resident bidder. The resident bidder has been further defined as follows:
Resident Bidder:
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.
The contractor shall provide the City with a certification that he is a qualified
resident bidder according to the above definition. The Certification shall be
submitted with the contractor's bid. A copy of the form of "Resident Bidder
Certification" is included in the Contract Documents. If it is determined that the
contractor does not meet this qualification after he begins work, a shutdown
notice shall be issued and the voiding of the contract shall begin unless the
contractor becomes qualified.
NON-RESIDENT BIDDER:
The contractor shall provide the City with a certification that he is a non-resident
bidder according to the above definition. The Certification shall be submitted with
the contractor's bid. A copy of the form of "Non -Resident Bidder Certification" is
included in the Contract Documents.
DJG
01/02/12
CONTRACT NO:
PROJECT NAME:
DATE OF LETTING:
RESIDENT BIDDER CERTIFICATION
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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`L\ rG rac ft
kvics c'.tovi(i
CORPORATE OFFICER t 41
TITLE ' s eki&
DATE lll��(�'
Prime Contractor Name:
MBEIWBE BUSINESS ENTERPRISE
PREF = ■ C • NTACT INFORMATION FORM (\
I 7j)ject: , \ V� \\,e F Letting Date: I I I a-(l�
NO MBEIWBE 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: //%�/r./�/ v Title: 46))A Date: I 1 ( p -
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
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
MBEIWBE 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 MBENVBE 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) MBENVBE 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 MBENVBE 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 "MBENVBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" for
each MBE/WBE 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 MBENVBE 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 MBENVBE 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 MBENVBE 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 MBENVBE 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 MBENVBE 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 CCO-4A Rev. 07-08-02
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, Hatch Grading & Contracting, Inc.
as Principal, and North American Specialty Insurance Company
as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called
"OWNER." In the penal sum ---Five Percent of the Bid Submitted ---
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 2nd day of November
, 2017 , for FY 2018 Levee Tree Clearing Cedar River - Contract No. 938
NOW, THEREFORE,
(a) If said Bid shalt 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 31st day of October , A.D. 2017
ness
Witness Stacy V
Hatch Grading & Contracting, Inc.
Princip.
By
/
(title)
(Seal)
Northm can Specialty I is rance Compattyjc 31)
urety
,)
Attorn: y-1
Ione R. Young
SWISS RE CORPORATE SOLUTIONS
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance
Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland
Park, Kansas, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of
Overland Park, Kansas each does hereby make, constitute and appoint:
JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, SHIRLEY S. BARTENIIAGEN, CINDY BENNETT, ANNE CROWNER,
TIM McCULLOH„ STACY VENN, DIONE R. YOUNG, and WENDY ANN CASEY JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24, 2000 and Westport insurance Corporation by written consent of its Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of thein hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached,"
Steven P. Anderson, Senior Roe I'resident or Washington International e,snenneo Company
& Senior Vice President or North American Specialty Insurance Con,pnny
& Senior Vice President of Westport Insurance Corporation
By
Sake A. Illy Senior Vlee President of Washington International Insurance Company
& Senior Vire President or North American Specialty Insurance Company
& Senior Vice President of Westport Insurance Corporation
IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this
20 17.
this 17 day of August
State of Illinois
North American Specialty Insurance Company
Washington International Insurance Company
Westport Insurance Corporation
County of Cook ss:
On this 17 day of August , 20 17, before ane, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to one, who
being by one duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
OFFICIAL SEAL
M KENNY
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 1 210 412 01 7
M. Kenny, Notary Public ,
I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington
Intonational Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a
Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance
Corporation which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 31 St day of October , 2017
Jeffrey Goldberg, Vice President &Assistant Secretary of \Vashington International Insurance Company &
North American Specially Insurance Company & Vice President & Assistant Secretary of 1Vestpnel Mum -ince Corporation
FIQLMEk
MURPHY.
THINKING AHEAD
Attention: Dione R. Young
Em a i I: Dyoung@holmesmurphy.com
BID BOND RESULT FORM
CONTRACTOR: Hatch Grading & Contracting, Inc.
BID DATE: 11/2/2017
OWNER: City of Waterloo
P R O J EC T: FY 2018 Levee Tree Clearing Cedar River - Contract No. 938 in the City of Waterloo, Iowa
The Surety asks that Bid Results be provided as soon as possible after the bid
date. We would appreciate you completing this form and returning via e-mail at
your earliest opportunity. Thank you!
1st
2nd
3rd
CONTRACTOR BID
If you are not one of the three lowest bidders:
My Bid: $
If you were low, or were low and negotiating, evaluation of bids
and award of contract is expected by / /_.