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HomeMy WebLinkAboutWilson Custom TreeWilson Custom Tree 212 Short Avenue Cresco, Iowa 52136 715 YnuaLwmis SWe:6 tmcaafb . 50103 1111111111MINTAIL Cri. 1317" ATFRLOC CL.E.Zf'S.IIFECE 1 Bond No. 41402832 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Jeff Wilson dba Wilson Custom Tree, 212 short Ave, Cresco, IA 52136 as Principal, and Platte River Insurance Company, PO Box 5900, Madison, WI 53705-0900 as urety are held and firmly bound unto.the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal su five percent (5%) of amount bid — dollars ($ 5% of amount bid ) 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 3othday of October , 2018 , for 2018 Tree Removal Project, Hope Martin Park NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. Th Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be n 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 heir proper officers this 30th day of October , A.D. 20 18 . Witness Jeff Wilson dba Wilson Custom Tree Principal By Platte River Insurance Company Surety L fl 1 Witness Rita Jor ensor�. By �� .oa -0.4 9 Attorney -In -Fact Ronald Kaihoi (Seal) (Title) (Seal) BID BOND PAGE 1 OF 1 State of ACKNOWLEDGMENT OF PRINCIPAL (Individual) County of -4-e1- On this 31 s } personally comes day of notal 3 , in the year 4-010 , before me W.ci�✓ar� 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. State of April D. Buis Commission. Number 783136 MY COMM. EXR Q LJ 2b Notary Public L (Partnership) ACKNOWLEDGMENT OF PRINCIP, County of On this } personally come(s) a member of the co -partnership of day of r , in the year , before me to me known and known to me to be the perso ho 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. State of County of On this day of , in the year , before me personally come(s) , to rr known, who being duly sworn, deposes and says that he/she resides in the City of that he/she is the of the Notary Public ACKNOWLEDGMENT OF PRINCIPAF (Corporation/LLC) } , the corporation described in and which executed the foregoing instrument, an that he/she signed his/her name thereto by like order. Notary Public rMP "Sill ] sc w4� Bond No. 41402832 PLATTE RIVER !NW ANCE COMPANY 414 0 2 8 3.2 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 JACK ANDERSON; RONALD KAIHOI; RITA JORGENSON its true and lawful Attorney(s)-in-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 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, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power ofAttorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and 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 valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company 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 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 he 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 3rd day of May, 2017. Attest: Jol E. Rzepinski Vice President, Treasurer & CFO Suzanne M. Broadbent Assistant Secretary STATE OF WISCONSIN.' COUNTY OF DANE aottulunnuumweoi •s �P 1NSUggNCe ���/ coa!oaars Cly/ 9 I SEAQ, � i*,,..11ElfllhlllllllO..„AA���A���* PLATTE RIVER INSURANCE COMPANY „dr -,:,‘46 Stephen J. Sills CEO & President On the 3rd day of May, 2017 before me personally came Stephen J. Sills, 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 in 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. 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 nuke 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 SEAL 1 day of October , 20' 18 Antonio Celii General Counsel, Vice President & Seccretary 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 CALLt800-475-4450. y PR -/TOA (©Rev. 10-2017) ? q111n11 tltt:l , g, I11111tjggl 1tt11P 11)It fytlntlt¢ giHIi82 ERl llt 1 jNII7171�l1;:747 !1 }' t . t t l I r,1i11111114 t 1111ltll9.n10111141/ i1 1116(i'Tiftii1117T ill111110 7[ 111 71111117111 iliHlt �3iltllii itlffS!-:Ifnd++� 1tIIn(Ix tllll``ll. lfilsl fl,44k ,. 'f11n.o IS1w: Jt Hit r}))��.77{i ,: r 1 illi: I f Jt9 91nNL I114 .11111:1 n}nn-. � n99111 i111i f� ht)�11: ..1111111. �. 1 dill 11(i 1-- :tT f 11s..-71�t� ;"" (jy�1 � 1 1 816-`JriHr4-`_Ilillil_`.�1l�IFtl /', lnlf 1: �'�I`J. li -N#fHE; -. Ilkllr�_d n,Nrr rri`nr r. /1� 11<Hr Sr11r1 A r1rf1Q i9.err e`.N (-. .Ii,./ ,*1p Srlru. .IIrN1.: �4 )f i441 . ( A. ft,.,j',`'{yy. (1 alb err b:9111crr. .., r/r6:9 :if H� YfI ,. aY, 1t ,f..,�b i4r1.,,%d.ttl alf ai'b Iflft qP Il .��P iflo"tl OCy 1�,.,�'t ! `�b �11f O�b 1�` 1; 1����,tt, `0®b f, i� 111 O�i�lf �"�i �0 ba ii.o ��, � I it aP �✓ Y 4I 4I A.6 n0: i�:'e.b.0..• ,',t, $:ft:Y�,•9.V a,:110%e .i'it....'tl Ne:.bi0.•..>4` ,r, ; r'�5.4,rr�:, ,a�'•.4yd �/ fir• o°•:!:a:"',og:f,'Nd+.hi< ..>.. e:.. y"?+•ph _'.,+`:...04'i:�i.•:: .•4r.�iO•,le vt.;. ..!,•:\, ✓i �.. ?:`�::; '.:i"'•,. .�,/�I�y q.. - .446 ,n _�ti:: _:C:�i•,"t�:; fa r ss:: - ,rvb.� .:ti:'•:!_.. _ _.L�•-3ti - _ _� •+ _ _ _rl ,;s•:. �"��-"_-`--�/t45t/\���%�i�3/�ca=ice. '/�v��us�\'�.—.��'C-,��>��v f1.''=.\\'7",/\". --t/\`'.::'" ' 0 J, ACIN STATE OF MINNESOTA COUNTY OF CHIPPEWA OWLEDGEMENT OF SURETY On this 30th day of October , 2018 , 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. 6myyvyof Cr t_EANNE C. DUIS� NOTARY PUBLIC ri Notary Public -Minnesota yr My Commiasbn Expires Jan 31, 2023 My Commission Expires /A.?//aOa.3 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2018 TREE REMOVAL PROJECT BIDDER: W I t O n Gi h rn 1 re e.— COMPANY NAME ADDRESS: c.3,/ Ste- Gori Mt - Cresco, /71 5213(0 PHONE: (3 )54-`1 q -a-35 1. The undersigned, being a Corporation existing under the laws of the State of NM , a Partnership consisting of the following partners: PV`/4 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 2018 TREE REMOVAL PROJECT, in accordance with the contract documents and for the bid prices for the removal and disposal of 61 trees & associated stumps in Hope Martin Park as described in the attached documents for the following amount: Dollars BID PRICE 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, n 3. Security in the sum of 5 /0 0�- 61d r,Y mC- dollars ($ 5% ) in the form of Pantk , 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. BID FORM page l 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. Al/A 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: 0 it did .-Lu , 0� IL 1 6ri !riwtinr'a-IL..LL g'1 t:..,.. / p C tD 1 i P351) - `f 6O00 r a.&WAIw �(,�u(l S3 u.rx,(t .N c.,L.Ce). 'avnI0 Al CaiWiTip 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: ID / 3 1/ la BID FORM page 2 of 2 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Lotua ) County of J—aWak4C, ) 041) 1/0„Le se -n , being first duly sworn, deposes and says that: 1. He is Own ), (Partner), (Officer), (Representative), or (Agent) of j i kvn £,t5 Jac 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. Sirature, nkAr Title 5udrbcrted, awl& kworwto-before, ineythC Sf dy-- 8'D , 2018. 1'a ern rate, My commii4Winexpint 03111.1420 April D. Buis Commission Number 783136 MY COMM. EXP.03j Pi jaa NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of 1,11 A ) County of W f A. ) N/R that: , being first duly sworn, deposes and says 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of ISI/A 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 N/A , contract pertaining to the 2018 TREE 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. Nin N/,a Signature Title s&th cr'ibed. a ncv warn/ to- before' me/ t & lofty of __ NJf1 , 2018. StQ4nt .re ftiei MycommatcowexPirea- NJf1 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: ppropriate Official Owner 10/3l//B Title Date EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2