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HomeMy WebLinkAboutBoomerang Corp yoi0 9033 y T naz Dr0 O N ;o00 o o+ D o 0 N T 0 Z � O OO ;Uem03 TZ -CWE) = D,> m � nimOT. c 0003 (n m�, m A Z O N 4 D 00 Zz v Dm0 3039 m Dm > � Dz D0D cn n u+ D O q1 T 0 Z :G I N j O oo � mpp -nz -< oov yymox mnjm7M oo ; Wo m ocn PalmoP ouzo in � D 00 / " ` z z BID BOND Boomerang Corp KNOW ALL MEN BY THESE PRESENTS, that we, 12536 Buffalo Road Anamosa IA 52205 United Fire & Casualty Company as Principal, and 118 Second Avenue SE PO Box 73909 Cedar Rapids IA 52407-3909 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 subml,Vd the accompanying bid Haled lho 26th day of July , 20_, for F Y 2019 Brock 31°n Addition Sanitary Sewer Extension Contract No. 9.54 City of Waterloo. Iowa 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 c�t�l�ed their corporate seals to be hereto affixed and these presents to be signed by their proper officers this tl_ day of July A.D. 201 8 Boomerang Corp (Seal) Prin 'pal By (Title) Unit Fir & C u Ity mf(Seal Witness t MOIL k� By Witness Attorney n-fac Kassie Docker - Senior Account Manager Cassandra J. Daley Alcorn In F t UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS , IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX -118 Second Ave SE Wgun + FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401 INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fine & Casualty Company, a;corporation duly organized and existing lander the laws of the State of Iowa; ]United Fire & hnde--mnuy Company, a corporation duly organized and existing; under the -laws of the State of Texas;, and Financial Pacific Insurance Company, a ;corporation duly organized and existing under the laws of theme State of California (herein collectively called the Companies), and havingtheircorporate headquarters it Cedar Rapids, State of Iowa, does drake, constitute and appoint ` TIMOTHY J . GASSMANN KEVIN S. MEASE , CASSANDRA J . DALEY , JENNIFER J . FREYMARK , TRACI A , LYONS , JOAN BONEWITZ , MICHAEL BYL , LORI FRERICHS , KATIE MCGLAUN , EACH INDIVIDUALLY their live and lawful Attomey(s)-inFact with power :and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $20 , 600 , 000 . 00 and to bind the Companies thereby as fully and to the 'same extentas if such instruments were signed by ttte duly mitlionzed officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed The Authority hereby granted shall expire the 1st (ray of January , 2020 unless sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made mid executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Dnectors of United hire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Companies m n may, fiotime to..tne, append by written certificates attorneys-ui-fact to act in behalf of the Companies in the execution of policies of assurance, bonds, undertakingsand other obligatory htstmmmus:of like nature 'the signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used , being adopted by the Companies as the original signature of such officer and the original seal of the Companies,: to be valid mid buiding upon the Companies with the same force and effect as though manually affixed. Such attorneys h fact, subject to the limitations set of forth in their rospectivir Certificates of authority shall have fill pmt er to bind the Companies by their signature and execution of any such instruments and to attach the seal the C� upmues thereto `tlhe President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoka all power mid authority previously giver to any`3ltonney-m-fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its . airy ,.` - - -.E�c �Ns�gq�o,, vice president and its corporate seal to be hereto affixed this 1 st day of January , 2018 cp o + , 9 $ ?a = m _ _ UNITED FIRE & CASUALTY COMPANY s i ; UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY aa oil 11 By State of Iowa, County of Lain, ss Vice President On 1st day of January , 2018, before me personally came Dennis J . Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & .Casualty _ Company, a >Vice President of United Fire & Indemnity, Company, and a Vice PresidentofFinamcial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the :seal of said corporations; that the seal affixed to the said instrument is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said;corporations �04L Paul Waddell Iowa Notarial Seal I f / ��,d�GK/.�(�{���� Commission number 713274 111///��� G j�iotaty Public Wk My Commission Expires 10/26/2019 -. My commission expires 10/26/2019 I, Maly A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and thatthe same are correct transcripts thereof, and of the whole of the said originals, mid that the said Power of Attorney has not been revoked and is now in full force and effect. In testiykvlcreof I hav he unto subscribed my name and affixed corporate seal of the said Corporations this l" day of 120 11 ON Sy�� F C INSV�yq - 4YO4 ") p=`Qp,POggF1CR, R RATF $ iucv u o ` BY ` TL VSou i^""� 6 _ L 3 UEOORk� 2 Assistant Secretary, oloolon% "' ro°O OF&C & OF&I & FPIC BPOA0045 122017 FORM OF BID OR PROPOSAL F.Y. 2019 BROCK 3RD ADDITION SANITARY SEWER EXTENSION CONTRACT NO. 954 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo , Iowa Gentlemen: 13he undersigned , being a Corporation existing under the laws of the State of fic tL a Partnership consisting of the following partners: AIA I 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 Wayne Claassen Engineering & Surveying , Inc. 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. 2019 BROCK 3RD ADDITION SANITARY SEWER EXTENSION , Contract No. 954, City of Waterloo, Iowa, 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. 2019 BROCK 3RD ADDITION SANITARY SEWER EXTENSION CONTRACT NO . 954 BID DESCRIPTION UNIT EST. QTY. UNIT BID TOTAL BID PRICE ITEM BASE BID PRICE 001 MOBILIZATION L.S. L.S. $ $ O 002 CLEARING AND GRUBBING L.S . L.S , $ Z0 $ O bw- 003 SEED AND FERTILIZE IDOT URBAN MIX ACRES 2,0 $ .�C7 $ 55(amoci 004 MULCH (IDOT URBAN MIX ACRES 2.0 $ 13 VCK) $ atacczo 005 9" DIA. STRAW FILLED WATTLES L.F. 450 $ licic $ 006 SILT FENCE FOR EROSION CONTROL) L. F. 1 ,350 $ ffi . 617 $ 007 TRAFFIC CONTROL L.S . L.S . $ 5bo-oo $ Oa-OO 000 MAINTENANCE BOND, 2-YEAR L.S. L.S. $ FORM OF BID CONTRACT NO . 954 Page 1 of 4 009 SWPPP COMPLIANCE L.S. L.S . $ ancano $ d u6,00 REMOVE AND REPLACE EXISTING 24" HDPE 010 DRIVEWAY CULVERT L. F. 124 $ q a $ 011 CLASS A ROADSTONE TONS 40 $ OB 101 SANITARY SEWER MANHOLE, STANDARD EACH 05m)'(90,190 $ 102 SANITARY SEWER, 8-INCH DIA, L.F. 1678.2 $( gip $ aaI12569000 SANITARY SEWER, CASED CROSSING OF 103 SERGEANT ROAD L.S. L.S . $ $ yon=xo 104 SANITARY SEWER, CROSSING OF MARTIN ROAD L.S. L.S . $ $ 3moodO0 105 16" DIA. WATER MAIN LOWERING L.S. L.S . $ $ 15isfin•e 106 SANITARY SEWER INSULATION L.F. 32 $ qI0450 $ OW60 TOTAL BASE BID 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. Sec it in th um of , we, Dollars ($_ ��D 76 in the forrrl of t is submitted herewith in accordance with the INSTRUCTIONS O BIDDERS . 5 . Attached hereto is a Non-Collusion Affidavit of Prime Contractor. FORM OF BID CONTRACT NO. 954 Page 2 of 4 6. Attached hereto is a Resident Bidder Certification ( � _.), or Non-Resident Bidder Certification ( ). ( Mark one.) T 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. 9. The bidder has received the following Addendum or Addenda: Addendum No. f Date I- rT� � 10. The bidder shall list the MBE/WBE subcontractor(s) , amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5 :00 p .m . the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s), The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons : 1 ) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 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. FORM OF BID CONTRACT NO . 954 Page 3 of 4 �e�UYpUIo� L°OV�vO ��/� ( Name of er) I (Date) BY: Title ��- Official Address: (Including Zip Code): Aiww�� ziA 6?, aos I . R. S . No . � 1 ~ 1 iai I VW FORM OF BID CONTRACT NO . 954 Page 4 of 4 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State ojz)L )55 County of ) . 8VW,5 , being first duly sworn, deposes and says that: 1 . He is (Owner, Partner. Officer Representative or Agent) , of � pkJl , 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. //nn�JJ (Signed) �2t 46e y Title Subscribed and sworn to before me thikay of J4`1 201$ TI My commission expires . CINDY BEHRENDS ' p � Commission Number 806939 Gq MyC m Exprn < /A Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: [� Yes ❑ No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). )j Yes ❑ No My company has an office to transact business in Iowa. Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail, [� Yes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. [� Yes ❑ No My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form . If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: / Dates: / / L 4 4 D to /Address: _ 1O M && � R02i City, State, Zip: ,/`t /6?&mig& Q baao i Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: To be completed by non -resident bidders Part C 1 . Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor ❑ Yes ❑ No force preferences or any other type of preference to bidders or laborers? 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: y Signature: Date: You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Worksheet: Authorization to Transact Business This worksheet maybe used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. WYes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. ❑ Yes ❑ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes ❑ No My business is a general partnership or joint venture. More than 50 percent of the general partners orjoint venture parties are residents of Iowa for Iowa income tax purposes. Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. ❑ Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled . ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed In a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) o m m4< D o �• �' C o o x p F S O C O O O N � V 3 (� D) CD Era) N O. m•S- 0 � N 00 O � m t o G O . !D um O O R. 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Q v o m � (D rt o d ACD w m ° 0 ? �. o mane Er a o a p rt 00 < m m m o y c m 'S )O O m m m � d g of gm a) N � m d y m ncu O ° C O ao m n m ? 3 m e c m Y m mw n o C W aoo o S 1 by W v o T (D � ID N O m O Di 04 0 0 y O -mi,