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Boulder Contracting
. 25789 N. Ave. Grundy Center, IA 50638 25789 N. Ave. Grundy Center, IA 50638 So S -e c,H R -P ries ?o>0 Pa AtP ga*S Icoil& tettiag $ysnrk -dyrrr.,-cr M. 119. $tD Paoeo'S �- ri Anto P -CP rw 4i-on6 £ Vtt SYS en £owre*cr No. 9e FORM OF IIID OR PROPOSAL FY 2020 RIP RAP RF PAIRS ALONG LEVEE SYS CONTRACT RACnT NO . 999 CITY Y OF WATERLOO, ERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1.The undersigned, being a Corporation existing under the laws of the State of '7ow,4 , a Partnership consisting of the following partners: mit 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: FY 2020 RIP RAP REPAIRS ALONG LEVE, SYSTEM CONTRACT N0.. 999 UNIT EST. (WY. 131D ITEM DESCRIPTION UNIT BID PRICE TOTAL BID PRICE MOBILIZATION CLASS D REVETMENT LS 1.0 $ 15"oo. ao j, 5o0,CJZ� TN 3329.0 a4,sda.� RECP TYPE 2 MATTING SF 2085.0 $ , 75 TRAFFIC CONTROL LS 1.0 $ 75-o. 0-0 75o . c)V TOTAL BIO $ /3643/6", 75" 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to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten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 59„ Dollars ($ ) in the form of fico 8w0 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 ( X ), 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 MP 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. Date 10. The bidder shall list the MBENVBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. 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. gaa S/t (w, s-cr uc, LLC. il1as/9 (Name of Bidder) (Date) BY: / Title avwae- Official Address: (Including Zip Code): 6o& a. I sr Sr Po (3ox 3/?0 &savoy Cc rw- I Ul 50039 I.R.S. No. 2/ -30a ave; FORM OF BID CONTRACT NO. 999 Page 3 of 3 Bidder Status Form To be completed by all bidders Please answer "Yes" or "No" for each of the following: rd 13 Part A 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 D No My company has an office to transact business in Iowa. © Yes D No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. Yes D 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. 13 13 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: 1 / 1 / 3DI2' to P, sank / Address 6704 L. / sr -5: - Po Box 5/0 City, State, Zip• G, -“Nov Calm - tic, LA 5063$ 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 force preferences or any other type of preference to bidders or laborers? , 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 1 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: Signature: v47// .Y SaNGOkp- C.✓Nra WtlLNb Date: I t/or/a 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 may be 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. [5 Yes ■ 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 or joint 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. ■ rA ■ ■ ■ ■ 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 PA 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 12 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 .1 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. W] 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 caNo 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) MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: ate&-os2 Cowrnr1crr+V6, u.0 Project: dodo Rto kAP hMfcres Letting Date: 3/4 i7s Co vIastr No. 494 NO MBEIWBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: Title: Owiv;.te- Date: rr/�/ SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact 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 MBE/WBE BUSINESS ENTERPRISE CONTACTS (Form CCO-4) Rev. 06-20-02 Quotes Received Quotation used in bid MBE/WEE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted D6 (j¢7ota. -rrav (I / /I4 f 1 9 gS otwrit Pen Rack tyke (Form CCO-4) Rev. 06-20-02 MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM INSTRUCTIONS Prime Contractor Responsibilities. Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE businesses are provided the opportunity to participate in the performance of contracts and subcontracts. Prime contractors are required to assist MBENVBE businesses in overcoming barriers to participation, and must make good faith efforts to secure bids from, and award subcontracts to, MBE/WBE businesses. For all contract bids of $50,000 or more, the following is required to demonstrate good faith efforts in accordance with this policy: 1. "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" submitted with the prime contractor bid, properly completed and signed on Form CCO-4 (Rev. 06-20-02). Please note that this document must include all subcontractor contacts, bids received, and awarded - not just those related to disadvantaged business enterprise vendors. 2. A minimum of three (3) MBE/WBE business contacts must be made and documented, if there are at least three (3) MBE/WBE businesses offering services in the areas to be subcontracted (see City of Waterloo MBE/WBE Certified List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If you have submitted a MBENVBE contact not on the City's MBENVBE list, attach a copy of the certification from another government agency. 3. Contacts to each MBE/WBE businesses are required to be a minimum of seven (7) working days prior to the date the prime contractor submits the bid to the City of Waterloo. 4. The following documentation must accompany the "MBENVBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" for each MBENVBE business contacted: a. A copy of the bid received from the MBENVBE, OR b. If no bid was received, a copy of correspondence received from the MBENVBE with a "no bid" response, OR c. If no response was received a copy of the solicitation sent to the MBE/WBE with proof of mailing attached. 5. If any MBENVBE business submitting bids are not selected for subcontract award, documentation must accompany the "MBENVBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" on why the MBENVBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b MBENVBE did not bid, withdrew bid or was non-responsive. c. Documentation of other business-related reason for not selecting the MBENVBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by the Prime Contractor. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. Subcontractors Responsibilities: 1. Each MBENVBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding If the City Contract Compliance Officer does not receive sufficient scope letters seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and an MBENVBE in which the MBENVBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. Form CCO-4A Rev. 07-08-02 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of 1a✓A County of 6¢arvov He is )ss toe:a krmvrnog being first duly sworn, deposes and says that: Partner, Officer, Representative, or Agent) of Snaa44- Cavnir4uLNG t -c-. 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. (Signed) DNN ttt Title Subscribed and sworn to before me this �C/ Tf/ day of NGt.'641i:' 2012. My commission expires /n4y !6, ?02o Title DAVID CAPSOPOULOS Notarial Seal - Iowa Commission Number 804393 My �miesi n Vires ay 76, 2020 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Boulder Contracting_LLC as Principal, and Westfield Insurance Company_ as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Five percent of the bid amount Dollars ($ 5% ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 21st day of November , 20 19 , for FY 2020 Rip Rap Repairs Along Levee System Contract No 999 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 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 seals to be hereto affixed and these presents to be signed by their proper officers this 21st day of November , A.D. 2019 Boulder Contracting LLC (Seal) Principal Witness By Westfield Insurance Company (seal) (Title) THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 06/07/16, FOR ANY PERSON OR PERa0NS NAMED BELOW. General Power of Attorney CERTIFIED COPY POWER NO, 1429172 00 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohlo, and having Its principal office In Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint MARK E. KEAIRNES, JOSEPH I. SCHMIT, JEFFREY R. BAKER, JILL SHAFFER, GREG T. LAMAIR, NANCY D. BALTUTAT, PATRICK K. DUFF, CHRISTOPHER R. SEIBERLING, JOINTLY OR SEVERALLY of WEST DES MOINES and State of IA Its true and lawful Attorney(s)-In-Fact, with full power and authority hereby conferred In Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-In-Fact may do In the premises. Said appointment Is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-In-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' (Each adopted at a meeting held on February 8 2000), In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and 01-110 FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 07th day of JUNE A.D., 2016 . corporate "agypAW"^x Seals fir,. .,04, yf Alflxetl kw; a0. ''i,�o 7 5E, ,fro t%:. -t. State of Ohio ` County of Medina ss.: .0�. ,., ... ss ;w.• Z. 2 SEAL :m '%'• :A : ; •••••••••,,,, •eWESTFIELD INSURANCE COMPANY • WESTFIELD NATIONAL INSURANCE COMPANY '% a OHIO FARMERS INSURANCE COMPANY t.. tNflTEtED . a ".O 1848;$ . .. s .• y : t +y„ ... • °,0" By Dennis P. Baus, National Surety Leader and Senior Executive On this 07th day of JUNE A.D., 2015 before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides In Wooster, Ohio that he Is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial. µ1^ n,,0 Seal 0� µ1 l S:y % A Affixed : ....-;..,. State of Ohio County of Medina ss.: David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) 1, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which Is still in full force and effect; and furthermore, the resolutions of the Boards of Directors set out In the Power of Attorney are in full force and effect. In Witness Whereof, 1 have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 21st day of November n.D. 2019 . f;,, itis,,•: "1 :7 SEAL BPOAC2 (combined) (06.02) torauttD j s =x:,1848 ;` „. • • Y f ,,,,,,. Frank A. Car ino, Secretary Secretary