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FY 2023 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 2
CONTRACT NO. 1064
CONTRACT DOCUMENTS
TABLE OF CONTENTS
1 NOTICE OF PUBLIC HEARING
2. NOTICE TO BIDDERS
3. INSTRUCTIONS TO BIDDERS
4. FORM OF BID OR PROPOSAL
5. SALES TAX EXEMPTION INFORMATION FORM
6. FORM OF BID BOND
7. NON -COLLUSION AFFIDAVITS
8. EQUAL OPPORTUNITY CLAUSE
9. 11 1 LL V 1 CI V IL KlUU u
10. BIDDER STATUS FORM
(Prime)
11. CONTACTOR'S AFFIRMATIVE ACTION PROGRAM
12. ITEMS OF POTENTIAL MBE/WBE PARTICIPATION
MBE/WBE GOALS FOR THIS PROJECT,
FORM LETTER FOR SOLICITING SUBCONTRACTOR QUOTES
LETTER OF INTENT TO BID (MBE/WBE LETTER)
SUBCONTRACTOR BID REQUEST FORM
MBE AND/OR WBE PRE -BID CONTACT INFORMATION FORM
13. CERTIFIED MBE/WBE CONTRACTORS LIST
14. STATEMENT OF BIDDER'S QUALIFICATIONS
16. SPECIAL PROVISIONS
17. GENERAL SPECIAL PROVISIONS
18. GENERAL SPECIFICATIONS FOR CONSTRUCTION
19. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTIONS
20. FORM OF CONTRACT
21. FORM OF PERFORMANCE BOND
22. FORM OF PAYMENT BOND
Highlighted items must be included with bid.
FORM OF BID OR PROPOSAL
F.Y. 2023 SIDEWALK REPAIR ASSESSMENT PHOGRAIVI ZONE 2
CONTRACT NO. 1064
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
I aza a Partnership consisting of the following partners:
"Dock tten cbns44ruc- -', LLe-
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
SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 2, Contract No. 1064,
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. 2023
SIDEWALK
REPAIR
ASSESSMENT
PROGRAM
ZONE
2
—
CONTRACT
NO.
1064
ITEM
BID
DESCRIPTION
UNIT
EST.
QTY.
UNIT
PRICE
BID
TOTAL
BID
PRICE
4"
PCC
R/R
Sidewalk
SF
32,008.2
cbzp
80
$ 144.
$kai
I1-i
i
2
5"
PCC
R/R
Sidewalk
SF
_ 2,930.9
$ j
i.
5/3
$
4
D
y9%
.65
3
3
6"
PCC
R/R
Sidewalk
SF
2,730.2
$ j
,)(3
$
bpi 953.th
4
R/R
Class
A
PCC
Sidewalk
SF
2,468.9
$
15,095
_
$ 3-1 b
,
.13
5
Class
F
Sidewalk
Patch
EACH
12.0
$
05.6°
,
$ ] , riCi3,1t1
6
Sidewalk
Curb
LF
60.0
$ $
b.Cb
$
y MbPb
7
Clean
Walk
EACH
16.0
$
$
1
.Cl1)
u (M,0°
,-)
$ )
.O
$ 3tnc.
Ca
8
Water
Valve
Adtustment
EACH
24.0
9
Joint
Seal
,_
LF
15.9
$ `'
,W
$
MTh
10
Sidewalk
Removal
SF
1,413.0
$ F\.°0
$ lblci
S W
11
Topsoil,
Off
-site
CY
26.2
$ 9p,M
$ Q3„°C'
TOTAL
BID
$ 59')) Nl b
FORM OF BID
CONTRACT NO. 1064_REBID
Page 1 of 3
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.
4. Security in the sum of 5 .10
Dollars ($ (-O h5& , %S ) in the form of ?trot
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 Bidder Status Form.
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 $10,000.00 in work for the City in the current calendar year, are prepared to
submit an AAP or Update and an EOC, within ten (10) days of notification that the
bid submitted is lowest and acceptable.
9. The bidder has received the following Addendum or Addenda:
Addendum No. Date
10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and
bid items on the City of Waterloo Minority and/or Women Business Pre -bid Contact
Information Form submitted with this Form of Bid or Proposal. The apparent low
Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to
the City of Waterloo by 5:00 p.m. the business day following the day Bids on this
Project are due along with the Non -Collusion Affidavits of All Subcontractor(s).
The Contractor shall submit information on subcontractors on "SUBCONTRACTOR
REQUEST AND APPROVAL" Form to be provided by City prior to approval of
contract.
The subcontractors listed on this proposal and/or submitted to the Contract
Compliance Officer cannot be changed except for the following reasons:
FORM OF BID
CONTRACT NO. 1064_REBID Page 2 of 3
1) The City of Waterloo does not approve the subcontractors.
2) The subcontractors submit in writing that they cannot fulfill their
subcontracts.
11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are
marked "none" or "NA".
12. The bidder has attached all applicable forms.
13. The Owner reserves the right to select alternates, delete line items, and/or to reduce
quantities prior to the award of a contract due to budgetary limitations.
r s c-vten Con&ra0-Von, LL-0 b13
(Name of Bidder) (Date)
BY: ?)x-mc Eal Title owner
Official Address: (Including Zip Code):
1#N)\a Thy Re\
Etc, etA- ilol-g
I.R.B. No. lib-SIolQ 1$
FORM OF BID
CONTRACT NO. 1064 REBID Page 3 of 3
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal, and Nationwide Mutual Insurance Company
BID BOND
Brock Even Construction, LLC
, as Surety, are held and firmly
bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum
Five Percent of Bid Amount Dollars ($ 5% of Bid Amount ) 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 3rd day of
October , 20 22 , for F.W. 2023 Sidewalk Repair Assessment Program - Zone 2, Contract No. 1064
•
NOW, THEREFORE,
(a) It 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 3rd day of October , A.D. 20 22 .
W,jtness
(jai
Witness
BID BOND
Ail
Brock Even Construction, LLC
Principal
13y
(Seal)
Nationwide Mutual Insurance Company
Surety
Elizabeth Moore, Attorney -in -fact
(Seal)
(Title)
Page `1 of -1
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
Anita R. Calderon, Dana R. Clark, Mike Kuper, Joshua Severson, Andrew Roby, Robert N. Johnston, Elizabeth Moore, Ashlee Heldt, Ben Lewis,
Jeff Cose, Aaron J. Jamison, Kim Wells, Cannon R. Nilson, Spencer Paris, Larry D. Slegh, Richard E. Harman IV, Logan Dorpinghaus, Corey Days,
Jill DeRobertis, Jesse Huston, Dominic Amoroso, Kyle Huntrod, Twanisha Siejkowski, Heidi Cornelison, Michael Mailer, Stephen G. Sanker, Brian Pflum,
Guy Tenold, Cassie McKittrick, Ashley Leavell, Cara Buljubasic, Trevor Sharp, Amy Palmer, Jennifer Stewart Anderson, Randi Allen, Andrew Jennings,
Andrew P. Andersen, Maxine Coffin, Aaron Zeigler, Jarett Berg
each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00)
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of
the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021.
t f��+�
*:SEAL i/
$ N
• 411
'•kas
Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of August, 2021, before me came the above -named officer for the Company
aforesaid, to me personally known to be the officer described in and who executed the preceding
instrument, and he acknowledged the execution of the same, and being by me duly
sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed
hereto is the corporate seal of said Company, and the said corporate seal and his signature were
duly affixed and subscribed to said instrument by the authority and direction of said Company.
Stephanie Rubino McArthur
Notary Public, State of New York
No. 02MC6270117
Qualified In New York County
Commission Expires October 19, 2024
1
AlfAetAAA'afQtAsom xna
Notary Pubt.c
My Commission Expires
October 19, 2024
CERTIFICATE
I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued
by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese wa3 on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors; and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 3rd day of
October , 2022
Cicala- e V"v
Assistant Secretary
BDJ 1(08-21)00
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
State of )
County of ,h - `t- ?4 t<
)ss
, being first duly sworn, deposes and says that:
1. He is (Owner, Partner, Officer, Representative, or Agent) , of ,tyrtek a en ONv -nick en,
LLCC , 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)
Title
Subscribed and sworn to before me this day of , 20
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:
Yes Q 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).
CC Yes 0 No My company has an office to transact business in Iowa.
0 Yes ONo My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail.
eiYes ONo My company has been conducting business in Iowa for at least 3 years prior to the first request for
bids on this project.
s ONo 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:
Dates:
Dates:
/ y to / as Address. I?431a FCX
City, State, Zip. Ae,LicNt I.s . 5'1041
Address.
City, State, Zip:
Address.
City, State, Zip.
to / /
/ / to / /
You may attach additional sheet(s) if needed.
To be completed by nonresident 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? O 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
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: ? Xte& afeil nyttle.\ t
Signature: � Date:
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)
MBE/WBE BUSINESS ENTERPRISE
PRE -BID CONTACT INFORMATION FORM
Prime Contractor Name: reThcoe. EVen C c --ruL&kt\(1 1_1-L.0
Project: FN apa3 ‘deua\k Re*te- ssc! P er* Prorrn - lore Letting Date: I b/ to f
CorM% - Tic. 1tD'4
NO MBE/WBE 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, ple se use the bottom portion of this form.
Contractor Signature:
Title: (T et --
Date: lb
as
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 may 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
Quotes
Received
Quotation
used
in
bid
Subcontractors
MBE/WBE
Contacted
Dates
Yes/No
Contacted
Dates
Yes/No
Dollar
be
Amount
Subcontracted
Proposed
to
(Form CCO-4) Rev. 06-20-02