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Veracity Excavating, LLC
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F:Y , aoco OP dap Rp-�-.i 1rllpy� L tett 51 SttN'77 Co-)4retGb Va. 99, cl &Ind tJC nlcL J EC cot taakaW bites L• LC. ett FORM OF' BID OR PROPOSAL FY 2020 RIP RAP REPAIRS ALONG LEVEL SYSTi~A CON rRACT Na 999 CITY OF Ut/A T ERI -.00, DO /A Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1.The undersigned, being a Corporation existing under the laws of the State of _-�14.a Partnership consisting of the following partners: Ue,r.d l cc,,,„..r.coriesL s. 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 FY 2020 RIP RAP REPAIR ALONG LEVEE SYSTEM, Contract No. 999, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: 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to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten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. FORM OF BID CONTRACT NO. 999 Page 1 of 3 FY 2020 RIP RAP REPAIRS ALONG LEVEE SYSTEM CONTRACT NO. 999 BID ITEM DESCRIPTION UNIT EST. QTY. UNIT BID PRICE TOTAL BID PRICE 1 MOBILIZATION LS 1.0 t 2 CLASS D REVETMENT TN 3329.0 $c. I o ccj : $ 1 t�,.1� , I �'`X �E 3 RECP TYPE 2 MATTING SF 2085.0 $ Lo(t).50$ 3 oP 4 TRAFFIC CONTROL LS 1.0 $ eta $ 7 SI-'"tY�,2 TOTAL BID $ 11 5,1oa© . 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. FORM OF BID CONTRACT NO. 999 Page 1 of 3 4. Security in the sum of 5 % $ bld a rove l - Dollars ($ r y ) in the form of 2,11 9e , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( dk. ), 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 $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC within ten (10) days of notification that the bid submitted is lowest and acceptable. The bidder has received the following Addendum or Addenda: Addendum No. Nnwt Date 10. The bidder shall list the MBEIWBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. 1 he apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked 'none' or 'NA' . 12. The bidder has attached all applicable forms. FORM OF BID CONTRACT NO. 999 Page 2 of 3 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. U 0c 4:1 txc sit4 . 4 L < (Nae of Bidder) BY: 11-14-19 Than Eio..� Title ow^<r Official Address: Moo, (Including Zip Code): cj47 224 (Date) I.R.S. No. 5102 /G 6 „,2/ G D FORM OF BID CONTRACT NO. 999 Page 3 of 3 BID BOND NOW ALL MEN BY THESE PRESENTS, that we as Principal, and as Sur ty are held and firmly bound unto the CITY OF WATERLOO Iowa, hereinafter called "OWNER." the penal sum Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of 20 for NOW, THEREFORE, (a) If said Bid shall be rejected, on) the alternate, (b) If said Bid shall be accepted an he Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faith I performance of said contract, and for the payment of all persons performing labor or furnishing materials 'n connection therewith/and shall in all other respects perform the agreement created by the acceptance of aid 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 thSurety for/ any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as hefein staved. By virtue of statutory authority, the full amount of tthhiss,Gid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principat\(ails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and arees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extensioh 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 Principaand the Surety, have'hereunto set their hands and seals, and such of them as are corporations, have ca yylled their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of \ A.D. 201 (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of -4--0 ) County ofjta-CA Jot,n tip" )ss , being first duly sworn, deposes and says that: He is (Owner,! Partner, Officer, Representative, or Agent) , of rcxC< Ej(Payat , 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. = c. (Signed) Subscribed and sworn to before.me this 1 -� L` , 201' t. My commission expires Title T-1 day of geozg IcP • Title 1. State of County of that: NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR ) ss: being first duly sworn, ?ep+ses and says 1. He is (Owner, artner, Officer, Representative, or Agent) of hereinafter referred to as t' - 'Subcontractor;" 2. He is fully informed respect g the preparation and conte'ts of the subcontractor's proposal submitted by the subc• tractor to contract pertainilg to the project in (City or Co ty and State) 3. Such subcontractor's proposal is genui - and is n 4. Neither the subcontractor nor any representatives, employees, or parties in in colluded, conspired, connived, or agreed, di or person to submit a collusive or sham p refrain from submitting a proposal in conn=ction w directly or indirectly, sought by unlawful greemen firm or person to fix the price or pric in said s overhead, profit or cost element of the . rice of price to secure through collusion, cons.iracy, connive advantage against the City of Wate'oo, Iowa, or any contract; and t a collusive or sham proposal; i - officers, partners, owners, agents, est, including this affiant, has in any way ly or indirectly, with any other bidder, firm pos: I in connection with such contract or to h such contract, or has in any manner, or connivance with any other bidder, contractor's proposal, or to fix any in said subcontractor's proposal, or ce or unlawful agreement any rson interested in the proposed 5. The price or prices quoted in the tainted by any collusion, conspir bidder or any of its agents, r including this affiant. ubcontractor's proposal ar fair and proper and are not cy, connivance or unlawful a. eement on the part of the resentatives owners, employe: s, or parties in interest, (Signed) Title Subscribed and sworn t. before me this day of 201 Title My commission expires Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: E 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). 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. 2 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. 11:0 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: y / IS / to Dates: C fry- art pv4 Address. /Ono 9 ,4c. -_n nsv Rcd. City, State, Zip• 12...1•4 �iTs�. gn / / to / / Address: Dates: / / to You may attach additional sheet(s) if needed. City, State, Zip. Address• 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 ❑ � force preferences or any other type of preference to bidders laborers? or ab orers. Yes ■ No 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 E'xe ite by, �. C C Signature J,S Date: /./• /l— /P 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) Prime Contractor Name: MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM '.e-a....3;.,.J Ur Project: ciOd.n 21p R' 1 r" Ztve.Letting Date: 1/- 2 t- Pik NO MBENVBE SUBCONTRACTORS: if you are NOT using any MBENVBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBENVBE subcontractors will be used, please use the bottom portion of this form, Contractor Signatur Title: ®w.....-- Date: RA Q 9 -/ 9 SUBCONTRACT c -S APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBENVBE 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 MBENVBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBENVBE firms to perform portions of the work, please contact Rudy Jones, 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 MBENVBE BUSINESS ENTERPRISE CONTACTS (Form CCO-4) Rev. 06-20-02 Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted (%arca- Esc ........ & '/' Pre ... 411( b4. work. IVa M8Elites c ea:014-4J%r, al woe Wpm (Form CCO-4) Rev. 06-20-02 Bond No. 72216827 BID WOND KNOW ALL MEN BY THESE PRESENTS, that we, Veracity Excavating LLC as Principal, and WESTERN SURETY COMPANY as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Five (5%) percent of the amount bid 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 condi on of this obligation 's such that whereas the Principal has submitted the accompanying bid dated the ,;111.4 day of CA' 20 19' ,for FY 2020 Rip Rap Repairs Along Levee System, on lac o. 999 NOW, THEREFORE, • (a) If said Bid shall be refected, or in the altemate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall fumish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing matenals 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 seal, to be hereto affixeckand these presents to be signed by their proper officers this 21st day of November , A.D. 201 y9 Veracity Excavating LLC Witness By Principal . WES 1'ERN SURETY COMPANY (Sea • • Su ty /ftyAL�frc BY VVrtness Atto y -in -fa MATTI-iFW J ARENHOLZ, A =y -in -Fact (Seal) (Title) Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 72216827 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint MATTHEW J ARENHOLZ its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Veracity Excavating LLC Obligee: City of Waterloo Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 72216827 isnotissued on or before midnight of February 19, 2020 7 all authority conferred in this Power of Attorney shall expire and terminate. Ith.,111. x Western Suety Company has caused these presents to be signed by its Vice President, Paul T Bruflat, and its coriz at al•tdthe this 21st day of November , 2019 , n._ ,: 71 4411. VS Inf.P4 t : WEST SURETY COMPANY It la I erwag au€ — - /. tet'_. =- "u =- gib= 1 S-ouT$. rA sw On this 21st day of November 1 in the year 2019 before me, a notary public, personally appeared Paxil T Bruflat who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. +4kF444444bbbotioro nononb+ S J. MOHR _ s e NOTARY PUBLIC e i SOUTH DAKOTA b V + m.eyeayvtvrov,ebe,ea5 awaw + My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 21st November 2019 SS Paul T fruflat, Vice President Notary Public - South Dakota day of WEST SUREfIW COMPANY Paul T at, Vice President To validate bond authenticity, go to www.cnasurety.com > Owner/Obligee Services > Validate Bond Coverage. Form F5306-10-2017