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ry. • FORM OF BID OR PROPOSAL F.Y. 2016 SIDEWALK ASSESSMENT PROGRAM—ZONE 5 CONTRACT NO. 892 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of l7�� , a Partnership consisting of the following partners: can CCS 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 F.Y. 2016 SIDEWALK ASSESSMENT PROGRAM — ZONE 5, Contract No. 892, 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. 2016 SIDEWALK ASSESSMENT PROGRAM—ZONE 5 CONTRACT NO. 892 BID; DESCRIPTION UNIT EST QTY. UNIT BID TOTAL BID PRICE ITEM PRICE 1 REM/REP SIDEWALK,4", PCC SF 26,119.1 $ $111015,$4 2 REM/REP SIDEWALK, 5", PCC SF 6,441.6 $ 1 M5 $ 41,q gq.qd 3 REM/REP SIDEWALK, 6" PCC SF 3,423.9$ 1 :15 $ a4135,a3 4 PATCH EA 151.0 $ d5n) $ 3,115,0� 5 JOINT SEAL LF 40.0$ 5%00 $ aoo.OD 6 DRAINAGE PLATE REPAIR EA 3.0 $ 100.0D $ 30o.O1`) 7 SAW CUT LF 16.0$ 3(0() $ yts.b0 8 WATER VALVE ADJUSTMENT EA 28.0$ (50,00 $ 4,a0D.t13 TOTAL BID $ al�l,glv3.�lq 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. FORM OF BID CONTRACT NO. 892 Page 1 of 3 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to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten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. Security in the sum of \\'C VC-c.,- � a °` "� �'�` Dollars ($ `1, ) in the form of 1-\ hvY.\ 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 ( ), 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. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date r 10. The bidder shall list the MBE/VVBE 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: FORM OF BID CONTRACT NO. 892 Page 2 of 3 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. l`J,„i 1 ��� ( ���i �t -` rye_- ck_VL,..1 (Name of Bidder) (Date) BY: f � Title t -s�1hi\_,A Official Address: (Including Zip Code): Ci e 1� I.R.S. No. `) )1L-I 1 FORM OF BID CONTRACT NO. 892 Page 3 of 3 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of u-\i„(:1/4... ) )ss County of N ',iv-2, ) k ��t-�, w(- , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) of \``,;\U„- O- \a rN ate_\-rc. , 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)NQ SCA dam\ct o 0,Celr Title Subscribed and worn to before me this / day of i-rZe--1-1--( , 201_c &&c/c (fieci/.Cit / v s--„, , Title My commission expire / 61 l CThTHIA RECKER Notartai Seal -tbwa Commisaion070 34 My Comr mia81oi l Expirss / 2.P/!j RESIDENT/NON-RESIDENT BIDDER RESIDENT BIDDER: In accordance with Section 73A.21 of the Iowa Code, all non-federal-aid public improvement projects, which include road construction, shall be performed by a qualified resident bidder. The resident bidder has been further defined as follows: Resident Bidder: A person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Resident Bidder Certification" is included in the Contract Documents. If it is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin unless the contractor becomes qualified. NON-RESIDENT BIDDER: The contractor shall provide the City with a certification that he is a non-resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of"Non-Resident Bidder Certification" is included in the Contract Documents. DJG 01/02/12 RESIDENT BIDDER CERTIFICATION CONTRACT NO: PROJECT NAME: DATE OF LETTING: To be a qualified resident bidder, the bidder shall be a person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that I am a resident bidder as defined above. COMPANY NAME CORPORATE OFFICER TITLE DATE NON-RESIDENT BIDDER CERTIFICATION CONTRACT NO.: �j PROJECT NAME: (I- AUl, I�` 1UC �L f) c't r ar- --, DATE OF LETTING: \ I hereby certify that I am an Iowa non-resident bidder. COMPANY NAME: I�,i` w`5� CORPORATE OFFICER: L , u TITLE: DATE: STATE/COUNTRY OF RESIDENCY: �r7vs�1"\s-S "AbI Stated below are the preference(s) to resident bidders in the state/country of w (Preference to bidders, labor force, or other preferential treatment to bidders or laborers, etc. E 3 0 w a) o C ynO 0 n c E N o a) o y __ O .0 'jA C _ N co) 'o _Co O 7 7 O f>l) ^p CL N > .G 6 et s Q = ,� 2c m 0 •° w" a -- . < 0 z, b a o J o = J E o � 8 Cl) .) c � Cl) a) Cl) ° - co c ) = E j -. cNo co p Q to 0 c a) (j a) w .Q o 0) �' o Y .c E vi '« C .N a) 0 .�. to as 0 t 6 a) > > o co w :. U r?. 46 a) m -o 0 a) O a) o 0 avi ( a ow C c o o A U 3 o m a) s O' t sya ° a) 0- CD o w a- Q .c is c .. w - o a N E o mo NLE x m .. 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In the penal sum Five percent of amount bid Dollars (S 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 10th day of September , 20.15 ,for F.Y. 2016 Sidewalk Assessment Program-Zone 5 Contract No.892 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 caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this_10th day of September ,A.D.201 5 . Midwest Concrete, Inc. (Seal) Principal r By " •rr Ryah Coates-Owner (Title) • `Od( C= West Bend Mutual Insurance Company Seaf Witness Surety 1Lk1-- By Ki _- K\1\1 -f fitness Kim Hess Attorney-in-fact T BEND WES 2305218 A HUTUAI. INSURANCE COMPANY- Power of Attorney Know all men by these Presents,That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make, constitute and appoint: KIM HESS 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: Seven Million Five Hundred Thousand Dollars(S7.5c0 000) 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 West Bend Mutual Insurance Company at a meeting duly called and held on the 21st day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance Company may appoint by written certificate Attorneys-in-Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore 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 sea/shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any said officer at any time. In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned and its corporate al to be hereto duly attested by its secretary th 1st day f.v1arch,2009. Attest J �th Ja a J.Pa d3RP°11476. V Kevin A.Steiner Se tary 'e'£ SEAL 01ii Chief Executive Officer/President State of Wisconsin County of Washington On the 1st day of March, 2009 before me personally came Kevin A. Steiner,to me known being by duly sworn, did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend Mutual 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 is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. aF.D(j.. + ; NOTARY :* JohnnF-Dtiweil i� PUBLIC �z Executive Vice President-Chief Legal Officer 2, Notary Public,Washington Co.WI :pFyrtSG: My Commission is Permanent The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this to day of September , 2015 _ • ,( ...•. coRPowirel. SEAT. ` i Dale J. Kent •. ,�. .. g Executive Vice President : - • ""' Chief Financial Officer ,• NOTICE:My questions concerning this Power or Attorney may be directed to ice Bond Manager at NSI.a division of West Bend Mutual Insurance Company 8401 Grecnway Blvd. Suitc 1100 I P.O. I3o-x 620976 I Mid:1a:...,-Wi -53562.- oh (6U8)410-3410 I vcww.th es7ve din ing.com