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HomeMy WebLinkAboutWilson Custom Tree ServiceCITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICE COMMISSION 1101 Campbell Avenue • Waterloo, IA 50701 • (319) 291-4370 Fax (319) 291-4297 DATE: 8/16/16 TO: Potential Tree Removal Project Contractors FROM: Todd Derifield, Waterloo City Forester RE: 2016 Tree Removal Project Bids Enclosed are the Contract Documents for the 2016 Tree Removal Project. The City of Waterloo is looking for a lump sum bid for 69 tree removals and 79 stump removals. The Contract Documents contain everything you need to know about the project. Also enclosed are the Bid Documents which include everything you need to turn in with your bid for the project by 1pm, Thursday, September 1, 2016, to the City Clerk at her office at City Hall. Please check off each item below to make sure each is included with your Bid submitted to the City Clerk: NI 1)Bid Form N 2)Bid Security in the form of a certified check OR Bid Bond using form provided in the amount of 5% of the lump sum bid price. NI 3)Non-Collusion Affidavit of Prime Contractor NJ k 4)Non-Collusion Affidavit of Sub Contractor ONLY if a Sub Contractor is to be us d. \f 5)Equal Opportunity Clause If bids submitted do not include the items above, they will be rejected. If you have any questions, don't hesitate to call Todd Derifield at 319-291-4370. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BIDDER: 1 1 PANY NAME CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2016 FALL STUMP REMOVAL PROJECT ADDRESS: a /c short t a Ofec,co, T411 5c1310 PHONE: ( 603 ) 54.7-'[a35 1. The undersigned, being a Corporation existing under the laws of the State of i✓lA , a Partnership consisting of the following partners: A///) 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 2016 FALL STUMP REMOVAL PROJECT, in accordance with the contract documents and for the lump sum price for the removal of the 367 stumps along City owned rights-of-way and in city parks as listed in the attached documents for the following amount: TOTAL BID PRICE: iitt Dollars ($3,150. Q° ) 2. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 3. Security in the sum of�+ Ig,Lc ,i natal nisi p.I lars ($ 53)-76O ) in the form of �'�af �l , is submitted herewith in accordance 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. 811) FORM page 1 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 FOC, 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. N/l4 Date: 44/ / / / / / 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: SI-unip elMaar-12ot.lct oadtr - 4to25 6th f c9t)(99> &oc6znpc/t Tra14Ar I�r b-u-fnp 1 Qctty i�1gt7 £-te,gnahn ai Thanf 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: W DATE: q / / / //p BID FORM page 2 of 2 Bond No. 41353892 I311.) BOND) )',\ 4t .1 l l_ N 13Y ' f l-th:` E Pi�%S1 Y i• , that oic. Jeff Wilson dba Wilson Custom Tree, 212 Short Ave, Cresco, IA 52136 as principal, anil Platte River Insurance Company, PO Box 5900, Madison, WI 53705-0900 :9urety are held and firmly hound unto the City of Winerlott..lowtr., heteinat er called -0\s, ` 1°I '', hi the penal stain Five Percent (5%) of Amount Bid----- -------- ----- -------------- doll ttr ('S`' 5% of Amount Bid ) money of the ` ..:l States, for the payment of which stun will arid truly be made. %V l ittil t:iitseh , our heirs, executors, ,allii.; • : ,rti. and $11e.e sors, jointly and Nt Crally, iirnt.ly by tht,t v presents, The condition cif this obligation is ,ttf. `, iiitti whereas the Principal has submitted the accompanying bid dated the 1st dad: oI' September _ 2u16, NOW. THEREFORE. fur 2016 Fall Stump Removal Project a) If said Bid shall he rejected, or in the alternate, lit If said Bid shall be accepted and the Principal shall execute and elt=.livcr a contract in the form specified and shall furiii8h 41 bond for his faithful performance f t>4id contract, and for die payment t,►1` ttll l et fiat performing rrt labor or furnishing r aierials in connection therewith, and Al 11 in all other respects perform the tcfrretwicar created by the acceptance t tance of said Bid, Then this obligation shall be void, otherwise the serine shall terrain in low.: and eft =ct: it being expressly understood od trial allreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal iirtiount of this obligation as herein ttited_ 13y virtue of statutory authority; tett• full amount of this; bid bend ;hall be forfeited to tlic Owner in liquidation of cIuinages Ott_+tail ed in the event that the Principal thils to exeente the contract rind provide the bond as provided in the spec dltc- itktiic ttt' by law. The Surety, for value rec-eived, hereby stipulates and ;tg batt the obligations ril'said Surety= and its build shall be in no way impaired or itt'fc't:ted by any exte:tsiuii of the time within which tliC ()wrier ni av accept sttela Bid or execute: Stich O tir at:l: acid Oid Surety doe -s ltcreh waive notice of any $1.reh extension. IN WITNESS tate Principal and the 'StIrY t=, . have theist as art: et1rptit ations, have C'iltist d their Ri rl', tit by their proper officer. this 30th day of August 1i retrnlo set their hands and seals, rill') itialeh c;f 7 affixed and those presents to be signed 16 Jeff Wilson dba Wilson Custom Tree Platte River Insurance Company E3� ,itricti Rita Jorge son, count Specialist /Nt: _ ".Ade -In -Fact Ronald Kaihoi OLON__u[4T itlh)) fur, tit's`;Cr 1 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of On this day of , in the year , before me personally comes to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of On this day of ,i , in the year , before me personally come(s) a member of the co -partnership of to me known and known to me to be the p -' son who is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the same as the act and deed of the said co -partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC) State of County of On this day of , in the yea , before me personally come(s) , to me ,.' own, who being duly sworn, deposes and says that he/she resides in the City of that he/she is the of the the corporation described in and which executed the foregoing instrument, and that he/she signed his/her name thereto by like order. Notary Public 8 - r f r� tr' At - i * x;17♦ �."rfr♦ MUM tii'itst"tl}►iii llr�l"ttl tll PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint 41353892 -JACK ANDERSON; RONALD KAIHO its true and lawful Attorney(s)Lin-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act 'and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED. $20,000,000.00 This Power of Attorney isgranted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, and Vice -President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of the company; the signature of such officers and the seal of the Corporation may be affixed to such powerof 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 valid and binding upon the Corporation in the future with respect to anybond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." 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 filly 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 PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 27th day of July, 2015. Attest: Gary W. Stumper President Surety & Fidelity Operations STATE OF WISCONSIN l COUNTY OF DANE J S.S PLATTE RIVER:IfNSURANCE COMPANY Stephen J. Sills CEO & President On the 27th day of July, 2015 before me personally came Stephen J. Stills, to Inc known, who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described herein and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. g1,Ita�W1Ib g p J., RSG§ c O• �Q-rAR7„ � _ 1400 ) CERTIFICATE STATE OF WISCONSIN COUNTY OF DANE S.S.: David J. Regele Notary Public, Dane Co WI My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this 30th day of August , 2 01 6 G Gq SEAL Antonio Celit 4A15.0., Secretary THIS. DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS' DOCUMENT CALL, 800-475-4450. PR -POA (Rev. 07-2015) 4% r :S'1",,t:3`11"11',ttt"-1111"" 1"'t"f 11'": 1;a1 r t41i'zkl%lt'; i =s xt )/ V ,1?/ tleri �`l�ir Vii,♦ C ��` ♦ a y! tir � �/♦♦�� h � ♦ r♦it`�! ,♦, 1,�•Y4 r ' ♦ r' J♦1�A♦ �i ��`14♦�i , �!•1��,,.1�♦r'�♦��Ai yt 4!t \til .S� ji 4 ✓ ♦C "�•♦ \ r r h. S v! p{ •r ✓its? yu{ ♦�:•! Nee y}5 d ice=' u,�•�J?�'''✓✓*' 9 +y s. rR- '*�+' :•'''p.'ess;`+.i� ti:{ -!`1' '•'if `� M'''� +3 s•, kft� .` .• '-' e r'� fps --'.'3 r -`::✓'• 3� ♦ - i-; ACKNOWLEDGEMENT OF SURETY STATE OF MINNESOTA COUNTY OF CHIPPEWA On this 30th day of August , 2016 , before me, a Notary Public within and for said County, personally appeared Ronald Kaihoi to me personally known, who being by me duly sworn he/she did say that he/she is the attorney-in-fact of Platte River Insurance Company , the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Ronald Kaihoi acknowledged said instrument to be the free act and deed of said corporation. 04AA_ AL(' NOTARY PUBLIC My Commission Expires 1 /3 ( /24 *; vvyvvmACARA L. ABEL � '' Notary Public-Mlnneaota `tax,'' MY Commission Expires Jan 91, 2021 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of—o wa ) County of4ward )) 344` issoin being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of W 1 kw ((Dm tee, 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 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. 4 WrRure Title Stkincrtbed,wn /. worn. to- before me'ti dayof_ & j I , 201\ Stgin atu rei SeCilittic Mk/ My cYInn1 %Qwewptre ' 03113117 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of N/A ) County of 1V/,( ) that: NSA ?VA , being first duly sworn, deposes and says 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of /{//,Q 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 /j//Q , contract pertaining to the 2015 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. SiggSiu e A//4 S 3crilied (ma& kw }W orvv to- before''n the d. ��/' t ay of _AC/A , 2015. " 7� f// 5C ffnatu.re "Mae/ My meq ire's, ./1"/A 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: I. 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 I 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: (owner ql up Title Date EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 Platte River Insurance Company 1600 Aspen Commons, Middleton, WI 53562 PERFORMANCE BOND Bond Number 41353902 KNOW ALL PERSONS BY THESE PRESENTS, That Jeff Wilson dba Wilson Custom Tree as Principal, (hereinafter called the Contractor), and Platte River Insurance Company as Surety, (hereinafter called Surety), are held and firmly bound unto City of Waterloo. Iowa as Obligee, (hereinafter called the Owner), in the amount of Fifty Three Thousand Seven Hundred Fifty and No/100 Dollars ($53,750.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated September 6, 2016 entered into a contract with Owner for 2016 Fall Stump Removal Protect in accordance with drawings and specifications prepared by City of Waterloo, Iowa which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations there under, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contract of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein of the heirs, executors, administrators, or successors of the Owner. Signed and sealed this 13th day of September, 2016. IAMPOP,\A-8idUc.,Y4, (Witness) (Witness) - --� Rita Jorgenon, Account Specialist SBD 013 (12-05) Jeff Wilson dba Wilson Custom Tree (Print Name of Principal) (Seal) (SiOfficer of�the Principal) 401-) pf_f (Print Name of Officer of the Principal and Title) Platte River InsuSance Company (Signature of Attorney-in-fact) (Seal) Ronald Kaihoi, Attorney -in -Fact (Print Name of Attorney -in -Fact and title) Copyright 2006, Capitol Transamerica Corporation Page 1 of 4 Platte River Insurance Company 1600 Aspen Commons, Middleton, WI 53562 LABOR AND MATERIAL PAYMENT BOND Bond Number 41353902 KNOW ALL PERSONS BY THESE PRESENTS, That Jeff Wilson dba Wilson Custom Tree as Principal, (hereinafter called the Principal), and Platte River Insurance Company as Surety, (hereinafter called Surety), are held and firmly bound unto City of Waterloo, Iowa as Obligee, (hereinafter called the Owner), for the use and benefit of claimants as herein below defined, in the amount of Fifty Three Thousand Seven Hundred Fifty and No/100 Dollars ($53,750.00), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated September 6, 2016 entered into a contract with Owner for 2016 Fall Stump Removal Project in accordance with drawings and specifications prepared by City of Waterloo, Iowa which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the conditions outlined on the reverse side of this bond: Signed and sealed this 13th day of September, 2016. (Witness) (Wit 11 ess) Rita Jorgenson Account Specialist SBD 013 (12-05) Jeff Wilson dba Wilson Custom Tree (Print Name of Principal) (Seal) (Si.,U t r: • Officer of the Principal) 6/•-) Ob0 (Print Name of Officer of the Principal and Title) Platte River Insurance Company (Signature of Attorney -in -Fact) (Seal) Ronald Kaihoi, Attorney -in -Fact (Print Name of Attorney -in -Fact and title) SEE CONDITIONS ON PAGE TWO WHICH MUST BE ATTACHED OR ON THE REVERSE OF THIS DOCUMENT Copyright 2006, Capitol Transamerica Corporation Page 2 of 4 CONDITIONS 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The Principal named herein and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, materials were furnished by such claimant may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant. (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety herein named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in t his bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. SBD 013 (12-05) Copyright 2006, Capitol Transamerica Corporation Page 3 of 4 Summary Sheet — For Performance and Payment Bond Bond Number 41353902 Principal Name Jeff Wilson dba Wilson Custom Tree Obligee City of Waterloo Iowa Bond Amount (spelled out — and NO 100/s) Fifty Three Thousand Seven Hundred Fifty and No/100 Dollars Bond Amount (#s) $53,750.00 Contract Date September 6, 2016 Description of Contract 2016 Fall Stump Removal Proiect Architect/Engineer Name N/A Signature Date September 13, 2016 Name of person signing for Principal Jeffrey Wilson Title of person signing for Principal Sole Proprietor Attorney -in -Fact Ronald Kaihoi SBD 013 (12-05) Copyright 2006, Capitol Transamerica Corporation Page 4 of 4 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of -Loren County of POU.�[t,rai On this personally comes day of pintue,11 , in the year cio/ (a , before me to me known and known to me to be the person who is described in and executed the forego'ng instrument, and acknowledges to me that he/she executed the same. State of County of On this personally come(s) a member of the co -partnership of to me known and known to me to be the perso ' who is described in and executed the foregoing instrument, and acknowledges to me that he/she executed the sam- as the act and deed of the said co -partnership. Ciotti IV. fi of Notary Public April D. Buis Commission Number 783136 MY (OMM EXP. h3117111 A. KNOWLEDGMENT OF PRINCIPAL (Partnership) day of , in the year , before me State of County of On this day of , in the year , before me personally come(s) , to me known, who bein : duly sworn, deposes and says that he/she resides in the City of that he/she is the of the , the . .rporation described in and Notary Public ACKNOWLEDGMENT OF PRI CIPAL (Corporation/LLC) } which executed the foregoing instrument, and that he/she signed his/her name the et by like order. Notary Public ti'r 640 1 PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the PLATFE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint 41353902 ---JACK ANDERSON; RONALD KAIHOI its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on behalf, as surety, and as its act and deed,.: any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED $20,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, and Vice -President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other wrhings obligatory in the nature thereof, one or more vice-presidents, assistant secretaries and attorneys) -in -fact, each appointee to have the powers and duties usual to such offices to the business of the company; the signature of such officers and the seal of the Corporation may be affixed to 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 valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." 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 relievethis surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, itis 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 PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 27th day of July, 2015. Attest: r 1 Gary W. Stumper President Surety & Fidelity Operations STATE OF WISCONSIN l COUNTY OF DANE J S.S.: On the 27th day of July, 2015 before me personally came Stephen J. Stills, to me known, who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described herein and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. P11SI Iag1NC [�6. �9 • n. a G_ • ESP K PLATTE RIVER INSURANCE COMPANY Stephen J. Sills CEO & President STATE OF WISCONSIN COUNTY OF DANE J S.S.: David J. Regele Notary Public, Dane Co., WI My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this 1 3 th day of September , 2 01 6 SEAL At Cl Antonio Celli Cxrictak Secretary. THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL, 800-475-4450. PR -POA (Rev. 07-2015) Itd.�11"tt,'I11 11y, 11'1117 1111111isp 1 ! r ,1 'tt111: iir�ft�U t Q10.3 zt ; u••s 1k--• 1, Ili. ! tllt': U.li�1h►�ti(t! ". }trY1f4 ` t tilllt 11 dIl j,r rlrr'�� 4 tr ;AIM t t$nrrl rr�rnt rant 1rr yNr J4A''i r 1 iore r44•,!.Wr�+4fs9�;rS�1'J;r'�C�ii�j�,i • • �� rJ�•Ati 6 \11 �? `�,:•0 _ v_ v44_,5 1 Y iti ,+i • i 11 lili ACKNOWLEDGEMENT OF SURETY STATE OF MINNESOTA COUNTY OF CHIPPEWA — On this 13th day of September , 2016 , before me, a Notary Public within and for said County, personally appeared Ronald Kaihoi to me personally known, who being by me duly sworn he/she did say that he/she is the attorney-in-fact of Platte River Insurance Company the corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by authority of its Board of Directors and said Ronald Kaihoi acknowledged said instrument to be the free act and deed of said corporation. OaAil NOTARY PUBLIC My Commission Expires WANNAwAmAmmAAAAAAAAAAAAAA CARA L. ABEL Notary Public -Minnesota My Commission Expire, Jen 31, 2021