HomeMy WebLinkAboutTricon Construction Group"`* i flw' WATERLOO
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TRICON
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TRICON CONSTRUCTION GROUP
1230 East 12th St
Dubuque IA 52001
Bid Security For
F.Y. 2023 WWTP Final Clarifier
No 3 Rehabilitation
CITY
OF TFR E
00
ULL:KK'STR
TRICON
CONSTRUC T!ON
TRICON CONSTRUCTION GROUP
1230 East 12th St
Dubuque IA 52001
Bid For
F.Y. 2023 WWTP Final Clarifier
No 3 Rehabilitation
August 4, 2022
1:00 pm
FORM OF BID OR PROPOSAL
F.Y. 2023 WASTEWATER TREATMENT PLANT
FINAL CLARIFIER NO. 3 REHABILITATION
CITY OF WATERLOO, IOWA
CITY CONTRACT NO. 1067
Honorable Mayor and City Council
Waterloo, Iowa
1. The undersigned, being a Corporation existing under the laws of the State
of Iowa a Partnership consisting of the following partners:
, 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. 2023 Wastewater Treatment
Plant Final Clarifier No. 3 Rehabilitation, City Contract No. 1067, all in accordance with the
above -listed documents and for the lump sum base bid cost:
n/a
LUMP SUM BASE BID:
Eli hi" hvv►dred -Cody- s0 117ovsQ7) CI
(Words)
co
Dollars $ e 1 U i coo
(Numbers)
See Section 01 29 00—Contract Considerations for discussion of cash allowances to include
in the Bid.
FORM OF BID Section BF-1
4463.016/City Contract No. 1067
2. Cash Allowances
The following Cash Allowances shall be included in the Lump Sum Base Bid. The Cash Allowances for
non -Lump Sum items shall be equal to the product of the quantity included in the Lump Sum Base Bid and
the Unit Price. The Cash Allowances will be adjusted in the event that estimated quantities to be included in
the Lump Sum Base Bid are different from final measured quantities. A single Unit Price shall be bid for each
item. Failure to include one or more of the following Unit Price items may result in rejection of the entire Bid
as nonconforming. For items with a quantity of 1, the Cash Allowance shall be adjusted based on actual final
costs.
CASH ALLOWANCES
Number
Item
Description
included
Estimated
Lump
Quantity
Base
in
Sum
Bid
the
Unit
Bid
Unit
Price
Lump
Total
Included
Bid
Sum
Bid
in
Price
Base
the
1.
Concrete
Surface
Section
Surface
Repairs
03
01
30
Repair
—Top
of
Slab
10
CF
$
of
00
$
a ,19 &D
2.
Concrete
Slab
Section
Removal
Surface
03
01
and
30
Repair
Replacement
—Concrete
Base
20
CY
$
7 SD
$
% S Q 00
3.
Crack
Section
Repairs
03
64
—Chemical
00
Grout
Injection
100
LS
$
$
7 S
7 5- oo
4.
Final
Repair
Section
Clarifier
—Support
46
43
Equipment
22
Truss
Repairs
Inspection
and
1
LS
$5,000
$
S1 0 �.7
5.
Final
Repair
Section
Clarifier
—Unidentified
46
43
Equipment
22
Repairs
Inspection
and
1
LS
$50,000
$
SO j 060
FORM OF BID Section BF-2
4463.016/City Contract No. 1067
4. 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.
5. Security in the sum of Five Percent
Dollars ($ 5% ) in the form of Bid Bond
is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS.
6. Attached hereto is a Non -Collusion Affidavit of Prime Contractor.
7 Attached hereto is a Resident Bidder Certification ( xx ), or Non -Resident Bidder Certification
( ). (Mark one.)
8. The Bidder is prepared to submit a financial and experience statement upon request.
9. 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.
10. The Bidder has received the following Addendum or Addenda:
Addendum No. Date
11. 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.
12. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none"
or "NA."
13. The Bidder has attached all applicable forms.
14. CITY 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 Section BF-3
4463.016/City Contract No. 1067
Tricon General Construction, Inc.
August 4, 2022
BY:
(Name of Bidder) (Date)
Title Owner
Official Address: (Including Zip Code):
1230 East 12th Street
Dubuque, IA 52001
I.R.S. No. 42-1479598
END OF SECTION
FORM OF BID Section BF-4
4463.016/City Contract No. 1067
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
State of Iowa )
)ss
County of Dubuque )
Ron Richard , being first duly sworn, deposes and says
that:
1. He is Owner (Owner, Partner, Officer, Representative, or Agent) , of
Tricon Construction , 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, representativewners, employees, or
parties in interest, including this affiant.
(Signed)
Owner
Title
Subscribed and sworn to before me this 4th day of
August , 2022.
Title Witness
My commission expires 04/21/2025
•
r� '1 44,
1 r
mu r
CYNTHIA S. GOTTO
Commission Numb 728037
My Comm. Exp.
NON -COLLUSION AFFIDAVIT Section NCA-1
4463.016/City Contract No. 1067
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 contractors, 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 contractor,
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.
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.
EQUAL OPPORTUNITY CLAUSE Section EOC-1
4463.016/City Contract No. 1067
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 j•conomic status, age,
mental or physical disabilities.
(Signed)
0
(Appro ', late Official)
Owner
(Title)
August 4, 2022
(Date)
END OF SECTION
EQUAL OPPORTUNITY CLAUSE Section EOC-2
4463.016/City Contract No. 1067
Bidder Status Form
To be completed by all bidders Part A
Please answer "Yes" or "No" for each of the following:
x
PI
x
x
x
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.
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: 03 / 01 / 2021 to Presen,t
/
Address: 1230 East 12th St
City, State, zip. Dubuque, IA 52001
Dates: 09 / 01 / 2012 to Present / Address: 746 58th Ave Ct SW
City, State, Zip. Cedar Rapids, IA 52404
Dates: 08 / 01 / 2004 to 02 / 28 / 2021 Address: 2245 Kerper Blvd
You may attach additional sheet(s) if needed.
City, State, Zip: Dubuque, IA 52001
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
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: Tricon General • •truction Inc.
Signature:
Date. August 4, 2022
You must submit the comple'ed form to the governmental body requesting bids per 875 Iowa Administrative Code
Chapter 156. This form has been approved by the Iowa Labor Commissioner
RB-1
4463.016/City Contract No. 1067
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.
x
Yes U No
Yes ❑ No
Yes n No
My business is currently registered as a contractor with the Iowa Division of Labor.
My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes.
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 U 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 U 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 U 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 U 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 U 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 U 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 U 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 U 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.
RB-2
4463.016/City Contract No. 1067
Agusut 4, 2022
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(Form CCO-4) Rev. 06-20-02
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, Tricon General Construction, Inc.
as Principal, and Swiss Re Corporate Solutions America Insurance Corporation
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
Dollars ($ 5% of 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 4th day of
August , 20 22 , for F.Y. 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation
•
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 4th day of August , A.D. 2022 .
Witness
Witness /\ Megan Otto
BID BOND
Tricon General Construc nc. (Seal)
Principal
By
Ron
L Richard (Title)
Owner
Swiss Re Corporate Solutions America Insurance CorporatidcSeal)
Surety
By
Attorney -in -fact Todd Schaap
Section BB-1
4463.016/City Contract No. 1067
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION F/KJA NORTH AMERICAN SPECIALTY INSURANCE COMPANY ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION F/KJA WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SRCSPIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, each does hereby snake, constitute, and appoint:
THOMAS O. CHAMBERS, TODD SCHAAP, KIMBERLY S. RASCH and PAUL JACOBSEN
JOINTLY or SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 9th of May 2012:
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attomey qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation 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
binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
♦r 'Ieou'o 44?.,.,�totli By `♦ err♦ ��s p'Sit: if l NSA •,
.�` o e O E`'•?�'�y Erik Janssens, Senior Via President of SRCSAIC & Senior Via President of SRCSPIC di; p0 T4%•.. 's
!4\
S E A L �_ (stIS�sEAL:
SSov•• o , By VP• /
g1 ♦•♦♦` Gerald Jagrowski, Via President of SRCSAIC & Vice President of SRCSPIC 'iteg"
f *% 'st,
i_ .fin, i MI n,N .,,ii"4 U 00in`
IN WITNESS WHEREOF, SRCSAIC and SRCSPIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized
officers this 29TH day of APRIL , 20 n
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook
m
On this nTH day of APRIL , 20 n , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Gerald Jaglowski , Vice President of SRCSAIC and Vice President of SPCSPIC, personally known to me, who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act
and deed of their respective companies.
•
v
YASMIN A }Mil
Of/Klit ttA%
Ns try Nat. S4t4 e:lr+h*1
MrCommisW*11041
Ms t0, 2011
41 /
Yasmin A. Patel, Notary
1, Jeffrev Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC, do hereby certify that the above and foregoing
is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC, which is still in MI force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 4th day of August , 2022 •
•
Jeffrey Goldberg, Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC
STATE OF WISCONSIN )
COUNTY OF Racine
ON THIS 4th day of August 5 2022 ,
before me, a notary public, within and for said County and State, personally appeared
Todd Schaap to me personally known, who being duly sworn,
upon oath did say that he is the Attorney -in -Fact of and for the
Swiss Re Corporate Solutions America Insurance Corporation , a corporation
of Missouri , created, organized and existing under and
by virtue of the laws of the State of Missouri ; that the corporate seal
affixed to the foregoing within instrument is the seal of the said Company; that the seal
was affixed and the said instrument was executed by authority of its Board of Directors;
and the said Todd Schaap did acknowledge that he/she
executed the said instrument as the free act and deed of said Company.
Jackie Sheldon
Notary Public, Racine County, Wisconsin
My Commission Expires 2/13/2023
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